Outten & Golden LLP is pleased to announce that Adhikaar will be the 2015 recipient of the annual O&G Public Interest Award, on May 20, 2015. The Award comes with a $10,000 grant to support this unique organization's work in assisting the growing community of Nepali-speaking immigrants and protecting the rights of the most vulnerable groups in the New York City area.
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 expand hiring to meet the demand for workers. The rush to hire meant that some companies did not follow wage and hour laws.
In his newest Executive Order, Fair Pay and Safe Workplaces, President Obama makes access to justice for workers a priority of his administration. Leading in the forum in which he has control-federal employees and companies that contract with the federal government-this the third pro-employee Order the President has signed this year. On July 21, 2014, President Obama banned federal contractors from discriminating against gay workers. Then, in January 2014, President Obama raised the minimum wage for new federal contractors to $10.10 an hour.
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 advocate for low wage workers, claimed to have never thought about the issue of unpaid internships.
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 addition al 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.
The defense bar has been so high on its success in defeating the Wal-Mart Stores v. Dukes class action last spring that its lawyers fanned out across the county, trying to persuade judges everywhere that the era of employment class actions was over. Yet the Seventh Circuit held against this tide, affirming certification of an Illinois state-law Rule 23 class action in a wage-and-hour case, finding that the conditions of Rule 23(c)(1)(B) were met.
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.
In a recent decision, Judge Wood distinguishes Supreme Court precedent to find an arbitration agreement that did not provide for class arbitration invalid under Second Circuit precedent because it foreclosed the exercise of statutory rights. Reaffirming her initial decision, Judge Wood determined defendant's reliance on the intervening decision of AT&T Mobility LLC v. Concepcion ("Concepcion") in seeking reconsideration was misplaced.