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Posts tagged "FLSA"

Ninth Circuit Holds Attorney Could Be Liable For Reporting Undocumented Employees

The Ninth Circuit has proven to be a thorn on President Trump's side since he took office, blocking President Trump's original order banning immigration from seven Muslim-majority countries and the revised ban released in March 2017.  And in April, a district court judge in the Ninth Circuit blocked Trump's order cutting funding to sanctuary cities.  Trump has responded by threatening to break up the Ninth Circuit (though the president does not have the unilateral power to change federal courts).

Working Families in America Are Forced to Wait for a Raise

Yesterday, millions of American workers were denied a long overdue raise. On December 1, 2016, a U.S. Department of Labor (DOL) rule should have made millions of Americans in salaried jobs eligible for overtime pay. Instead, a coalition of businesses and states sought a nationwide injunction blocking the new DOL rule from taking effect, forcing working families to wait indefinitely - and unnecessarily - for relief.

Illinois Attorney General Files Suit Against Jimmy John's

In a civil complaint filed June 8, 2016, the State of Illinois alleges that the sandwich chain Jimmy John's violated the state's Consumer Fraud and Deceptive Practices Act, 815 ILCS 50511, et seq., by requiring its store employees to sign aggressive non-compete agreements.

New York Attorney General Says Domino's Pizza Is "Joint Employer" in Wage Theft Scheme

A lawsuit brought by New York Attorney General Eric Schneiderman accuses Domino's Pizza of under-paying delivery workers and other forms of wage theft at ten locations across New York state. As a result, according to the lawsuit, restaurant workers have been shorted more than a half-million dollars in hard-earned pay.

New federal overtime rules: "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees"

The White House today issued a blockbuster set of changes to the overtime rules under the Fair Labor Standard Act (FLSA) that will allow far more middle-class workers to earn time-and-a-half. The Final Rule doubles the standard salary floor for exempt workers, establishes automatic increases of that floor every three years, and sets a higher salary threshold for "highly compensated individuals" who are generally exempt under the 2004 rules.

Oregon Restaurant & Lodging Assoc. v. U.S. Department of Labor, No. 13-35765 (9th Cir. Feb. 23, 2016); Joseph Cesarz et al. v. Wynn Las Vegas LLC et al., No. 14-15243 (9th Cir. Feb. 23, 2016) (consolidated opinion)

Glatt v. Fox Searchlight Pictures, Inc., No. 13-4478 (2d Cir. Jan. 25, 2016)

The Second Circuit yesterday filed an amended opinion in the Fox Searchlight Black Swan unpaid-intern case (a case filed by Outten & Golden). In response to a petition for rehearing, the panel upholds its original decision - vacating class certification and partial summary judgment for the class - yet made significant changes to its original reasoning that will enable unpaid-intern cases to proceed.

Davila v. Menendez, No. 12-11049 (11th Cir. June 10, 2013)

Here's a nice David-v.-Goliath case, where a nanny goes after her former employers for violating the federal Fair Labor Standards Act, 29 U.S.C. § 206(a) and Florida, Fla. Const. Art. 10, § 24(e). Not only did the nanny prevail at trial (with a $33,025 jury verdict), but on appeal she wins the right to pursue double ("liquidated") damages, and an additional year of lost wages, in a second trial.

UPDATE: Auditor Wage & Hour Litigation Against Big Four Accounting Firms

This blog has recently discussed developments in a variety of wage-and-hour misclassification cases involving Audit Associates at Big Four accounting firms. There have been two more recent developments, both relating to one particular accounting firm's refusal to disclose information (in a case in which Outten & Golden serves as co-counsel). In back-to-back orders, a federal judge in New York ordered preservation of electronic data and disclosure of documents previously filed under seal.

Novartis Settles Overtime Case on Behalf of Pharmaceutical Sales Representatives for $99 Million

Novartis agreed to pay $99 million to settle the claims of a class of its pharmaceutical sales representatives ("pharma reps") who alleged that they were denied overtime pay. See In re Novartis Wage & Hour Litig., No. 06 md 01784 (S.D.N.Y.). District Judge Paul Crotty of the Southern District of New York gave preliminary approval to the proposed settlement on Tuesday, January 24, 2012. The final approval hearing will take place on May 31, 2012.

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