Co-Written by Outten & Golden LLP Law Clerk Daniel Kessler. Media reports indicate that employers are increasingly threatening undocumented employees with deportation consequences as a means of harassment and retaliation. But workers, whether documented or...
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Class Actions
Activists Challenge Wells Fargo on Many Fronts at Annual Shareholders Meeting
Activists seized on Wells Fargo's annual shareholder meeting this week to press the bank for changes to a wide range of alleged unfair practices. As the country's fourth-largest bank, Wells faces backlash from a scandal involving up to two million accounts opened...
A Puzder-Led Labor Department Would Make Life Much Harder for U.S. Workers
President Trump's pick for Labor Secretary, Hardee's and Carl's Jr. CEO, Andrew Puzder, has come under attack by workers and their advocates since his nomination was first announced in December. Rightly so. Puzder's approach to doing business and his previous...
Flag on the Play: Injured Professional Athletes Fighting for Compensation
Professional athletes are often likened to warriors and lionized for pushing their bodies to the breaking point, ignoring pain, and remaining stoic. Most accept that some injuries - sprains, pulled muscles, etc. - are part of the job. More and more, however,...
Navigating the Fissured Workplace: New Guidance from the DOL on Joint Employment
Last Wednesday, the Department of Labor issued guidance to clarify employees' rights and employers' obligations in an increasingly fragmented workplace. The Department of Labor Administrator's Interpretation (AI) No. 2016-1 addresses Joint employment under the Fair...
Obama Administration Updates Overtime Rules
The Department of Labor (DOL) is updating the rules that govern overtime for salaried workers under the Fair Labor Standards Act (FLSA). The new rules will make millions more Americans eligible for overtime wages. The DOL is amending the "white collar" exemptions that...
U.S. Oil Worker Wage-and-Hour Pay Rights Issues
Since July 2014, the price of oil has dropped by half. That's good for consumers' pocketbooks, but one segment of the population is facing hard times: U. S. oil industry workers. In the past few years, the boom in oil production meant that companies needed to quickly...
Intern Lawsuits Force Progressive Media to Look Closely at Their Own Intern Policies
In his recent piece in Vice, former unpaid intern, Charles Davis, exposes the hypocrisy of liberal periodicals that write about labor exploitation but use unpaid interns to staff their newsrooms. According to Davis, even Robert Reich, former Secretary of Labor and...
NYPD Settles Pension Class Action in Favor of Active Military Service Employees
The NYPD has entered into a class-wide settlement of claims by officers who performed active military service during their employment with the NYPD. The officers alleged that the NYPD's method of calculating pension contributions for the period in which they were on...
In Re American Express Merchants’ Litigation, No. 06-1871 (2d Cir. Feb. 1, 2012)
In this long-lived appeal, involving an antitrust tying claim against the American Express Company, the Second Circuit reaffirms its prior holding that an arbitration clause preventing class-action litigation of a medium-dollar claim may be unenforceable if its...
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