Recently, the United States District Court for the Middle District of Tennessee has signed off on a proposed class settlement between Publix Super Markets Inc. (“Publix”) and Erin Knights, individually and as a representative of a class (“Knights”). Knights brought an action under the Fair Credit and Reporting Act (“FCRA”), alleging that Publix’s computerized background check authorization webpage, which is included in their job application process, violated the FCRA. Specifically, Knights alleged that neither the background check application screen or ...
Continue Reading →27 OCT
Last week, NBCUniversal agreed to pay $6.4 million to their interns to resolve an unpaid wages lawsuit. Last year, former interns of NBCUniversal filed a lawsuit alleging that NBCUniversal failed to pay them the applicable minimum wage or any wages at all for their work in violation of the Fair Labor Standards Act which states that internships must benefit the interns, not the employer. Although NBCUniversal did not admit any wrongdoing, this is yet another case where a company has ...
Continue Reading →16 OCT
On September 30, 2014, Mayor Bill de Blasio signed an executive order increasing New York City’s workers wages which takes effect immediately. The Order expands the New York City’s Fair Wages for New Yorkers Act, raising the Living Wage from $11.90 to $13.13 per hour – and likely to reach $15.22 per hour by the year 2019. The $13.13 per hour is the Living Wage without benefits or $11.50 per hour with benefits (up from $11.90 and $10.30, respectively).
This ...
14 OCT
In a recent decision, the United States Court of Appeals for the Second Circuit has vacated and remanded the United States District Court for the Eastern District of New York’s grant of summary judgment for Government Employees Insurance Company (“Geico”) against Plaintiffs Candace Harper, Lisa Hoyt, Mark Anthony Turner, and Allison M. Akers.
Plaintiffs brought this case to contest Geico’s finding that they are employed in an administrative capacity, which would mean that they fall under the administrative exemption and ...
8 OCT
In a recent decision, on October 1, 2014, the United States Court of Appeals for the First Circuit affirmed the District Court of Puerto Rico’s decision granting summary judgment for the Secretary of the Department of Labor (“DOL”), against Lorraine Enterprises, Inc. d/b/a Piccolo E Posto, Lorraine Lago, and Pedro Gonzalez (collectively, “Defendants”), and denied Defendants motion to amend or alter that judgment. Perez v. Lorraine Enterprises, Inc., d/b/a Piccolo E Posto, et al., Nos. 13-1685 (1st Cir., Oct. 1, ...
Continue Reading →1 OCT
On September 30, 2014, Defendant AT&T Mobility LLC just filed a joint motion with Plaintiffs asking the U.S. District Judge to approve the proposed settlement of $45 million to resolve a proposed class action lawsuit that alleges violations under the Telephone Consumer Protection Act (“TCPA”). The First Amended Complaint, which was filed on June 5, 2013, alleged that AT&T Mobility LLC violated the TCPA by placing calls using an automated telephone dialing system or a prerecorded voice message to cellular ...
Continue Reading →1 OCT
On September 30, 2014, Mayor Bill de Blasio signed an executive order increasing New York City’s workers wages which takes effect immediately. The Order expands the New York City’s Fair Wages for New Yorkers Act, raising the Living Wage from $11.90 to $13.13 per hour – and likely to reach $15.22 per hour by the year 2019. The $13.13 per hour is the Living Wage without benefits or $11.50 per hour with benefits (up from $11.90 and $10.30, respectively).
This Order ...
Continue Reading →1 OCT
In a recent decision, on September 16, 2014, the Eastern District of New York granted Plaintiffs’, personal injury protection and medical payments claims adjusters (“adjusters”), motion for class certification of their New York Labor Law (“NYLL”) claims pursuant to Federal Rule of Civil Procedure 23, while denying Defendant’s, Allstate Insurance Company, motion to decertify the Fair Labor Standards Act (“FLSA”) collective. Perez v. Allstate Insurance Co., Nos.11 -1812 (E.D.N.Y. Sept. 16, 2014).
The Court pointed to testimonial and documentary evidence to ...
Continue Reading →23 SEP
On August 11, 2014, a former delivery driver filed a lawsuit in NY Federal Court against Pizza Hut, his former employer, seeking to recover for unpaid gratuities, overtime pay, liquidated damages, and attorneys’ fees and costs. The delivery driver is claiming that he is entitled to the $2.75 “Delivery Fee” that Pizza Hut charged its customers for deliveries. He is alleging that this “Delivery Fee” was believed to be a service charge paid to the delivery driver by the customers; ...
Continue Reading →18 SEP
In an important decision for the advancement of employee rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”), on September 11, 2014, the Southern District of New York granted Defendant United States Tennis Association’s summary judgment motion finding that the Plaintiff umpires at the US Open were independent contractors rather than employees. Meyer v. United States Tennis Association, Nos.11 -06268 (S.D.N.Y. Sept. 11, 2014).
On April 25, 2013, the Court granted Plaintiffs’ Motion for Class ...
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