A race and ethnicity editor at the Associated Press sued the news agency on Monday in District of Columbia federal court for allegedly tolerating an atmosphere of hostility toward African American employees and retaliating against her when she complained.
California’s Division of Occupational Safety and Health on Tuesday hit adult film and fetish site Kink.com with a proposed $146,600 fine for multiple safety violations that include not requiring actors to use condoms, in violation of a state health standard, according to a press release.
The Madison Square Garden Co. filed a lawsuit in New York state court on Tuesday, looking to quash a pair of subpoenas issued by the city’s Department of Consumer Affairs that seek information about MSG’s compliance with paid sick leave laws, saying that it always complied and that the investigation is unfounded.
The NAACP hit Alabama’s governor and attorney general with a suit Thursday in federal court over their role blocking Birmingham’s minimum wage increase, which it says would have benefited black residents, in favor of what it calls an unconstitutional and racially motivated state law barring city-enacted wage minimums.
A gynecologist who performs abortions at the MedStar Washington Hospital Center in Washington, D.C., lodged a federal civil rights complaint Monday claiming the hospital is unlawfully blocking her from advocating for the procedure due to hospital-security concerns.
Less than two weeks after Uber settled two class actions with California and Massachusetts drivers for $100 million, a putative class of drivers from the remaining 48 states hit the company with a similar suit over worker classification and missing tips in Illinois federal court.
A former waitress for Roscoe’s House of Chicken & Waffles served the famous restaurant with a proposed class action saying she was forced to clock out for breaks she didn’t get to take and added individual claims, including that she was discriminated against for having darker black skin.
Pittsburgh-based EQT Production Co. was hit with a putative class and collective action in Pennsylvania federal court Thursday accusing the oil and natural gas company of misclassifying certain employees as exempt and preventing them from collecting overtime wages after they put in up to 84 hours of work a week.
The U.S. Equal Employment Opportunity Commission is suing a North Carolina hospital in federal court on behalf of employees who say they were given the choice between being terminated or violating their religious beliefs by receiving a flu shot.
Two oilfield workers slapped Rush Wellsite with a proposed class and collective action in Pennsylvania federal court Thursday, alleging they were denied appropriate overtime pay even though they regularly spent more than 40 hours a week at work.
NFL legend Gale Sayers and six other former players involved in litigation over the NFL’s response to the dangers of concussions asked a Pennsylvania federal court Wednesday to block their former attorneys from taking cuts of any individual awards they might receive, saying they severed their attorney-client relationships long ago.
Two female African-American advertising account managers slammed The New York Times Co. with a putative class action in New York federal court on Thursday, alleging the paper's business unit pays minorities, women and older workers less and has targeted them for buyouts as part of companywide layoffs.
Accountant Barry Mukamal, one of South Florida's leaders in the insolvency field, has accused his former firm, Marcum LLP, and its managing partner of fraud regarding compensation, bonuses and the recovery of millions of dollars allegedly stolen by former partners.
The National Labor Relations Board slapped a Volkswagen AG unit with a complaint Tuesday accusing the automaker of engaging in unfair labor practices by not recognizing the unionization of a small group of plant workers in Tennessee represented by the United Auto Workers.
Verizon Wireless on Tuesday brought its fight with the Communications Workers of America to New York state court, claiming that the labor union and it supporters need to be stopped from damaging the company through aggressive protesting tactics being used during an ongoing worker strike.
An Arkansas cardiology clinic is fighting the IRS’ decision to bring a collection action over unpaid payroll taxes for the year 2014, saying the agency ignored that the business’ bookkeepers had embezzled funds and left a disaster of missing documents and tax liabilities in their wake.
Uber was hit with a putative collective action in Florida federal court Friday that seeks to certify a nationwide class claiming the ride-sharing giant's classification of its drivers as independent contractors and not employees violates requirements of the Fair Labor Standards Act.
An Illinois horsemen’s group can't ban a Chicago-area racetrack from contracting with another group before the racing season starts in May, a federal judge ruled Thursday, finding that no other group is likely to make such a move down the stretch.
A former longtime Cole Haan employee is accusing the New Hampshire-based shoe and accessories retailer of systematically denying store employees overtime pay and meal or rest breaks, according to a complaint bumped up to California federal court Thursday.
A rabbi has launched a New York federal suit that seeks at least $1 million and accuses Manischewitz of trying to get him fired from his job managing its kosher compliance after he complained that the world's biggest matzo maker was relaxing its kosher-quality standards.
Following the U.S. Supreme Court's ruling in Heffernan v. City of Paterson, it is now clear that the definition of protected speech for employees has been expanded. The decision squarely shifts the onus to employers to prove their policies and procedures are not intended to chill protected discourse, says Zachary Cantor, a principal at Cantor Law.
This week, the Ninth Circuit issued a crushing blow to a plaintiff who sought to use the California Labor Code to extract millions of dollars in penalties from his former employer, Time Warner, based entirely on the theory that over a 13-month period he was “underpaid” $15.02 and is owed compensation for precisely one minute. The decision restores some sanity to wage-and-hour jurisprudence, says Adam Rosenthal of Sheppard Mullin Ri... (continued)
Perhaps what the recent $100 million Uber settlement shows us, more than anything, is the weakness of regulating labor standards through the method of private attorneys bringing class actions. But more important than these legal maneuvers is the issue of work changing in response to technological restructuring, says Miriam Cherry, a professor at Saint Louis University School of Law.
In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.
What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.
Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.
For employers that are caught between complying with export control laws and anti-discrimination laws, the U.S. Department of Justice recently issued guidance to help companies navigate these seemingly contradictory requirements. But, while helpful in some areas, the guidance may add to the confusion in other areas, say John Burke and Sabrina Shadi at BakerHostetler LLP.
“The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.
A short-lived class action seeking allegedly unpaid royalties for content that World Wrestling Entertainment sold or licensed to both Netflix and to WWE Network is a free lesson in the challenges that both new and traditional over-the-top licensors may face, and how profit participant plaintiffs might seek to pursue networks and broadcasters for streaming royalties going forward, says Nathaniel Bach of Gibson Dunn & Crutcher LLP.
The decisions in Duran v. U.S. Bank and Tyson Foods v. Bouaphakeo seem like mirror images. One approved the use of statistical sampling to establish an employer’s liability, the other rejected the same method in a similar case. But on closer inspection, the U.S. Supreme Court’s reasoning in Tyson is more similar to the California Supreme Court’s in Duran than the outcomes would suggest, say attorneys at Crowell & Moring LLP.