Have you ever interacted with a cashier, gardener, nail salon employee, call center worker, home health aide, parking attendant, or restaurant server? If so, chances are the person who provided you that service was an undocumented worker.
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 statements regarding key workplace issues paint a very worrisome picture regarding how workers will fare under his watch. Just ask the workers at his own company, who, in a report issued this week, describe a pattern of workplace violations, including being required to work sick and without pay, resulting from business decisions that appear to give low priority to workers' health and well-being.
President-elect Trump rode a wave of American worker discontent all the way to the White House. A frequent refrain during his boisterous campaign rallies was that a Trump presidency would "make America great again" by bringing back well-paying jobs.
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.
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.
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.
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.
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.
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.
For the third time, a New York federal district court has conditionally certified a Fair Labor Standards Act (FLSA) collective action on behalf of Duane Reade assistant store managers. On January 27, 2012, the Court issued an order in Jacob v. Duane Reade Inc., 10 Civ. 160 (S.D.N.Y. Jan. 27, 2012) that allows FLSA notice to issue to all assistant store managers who worked at Duane Reade between January 7, 2009 and the January 27, 2012.