Stories on important suits filed, coverage of verdicts
By newyorklawjournal | New York Law Journal | July 18, 2017
Failure to Sign Form Tantamount to Rejection Of Prior DOL Settlement in FLSA Wage Case
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By R. Robin McDonald | July 14, 2017
A former exotic dancer at The Cheetah, Atlanta's iconic high-dollar strip club, settled two federal lawsuits with management for $110,000 and $18,050 in legal fees.
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By Christian Petrucci | July 14, 2017
English philosopher, John Locke, wrote in his Second Treatise of Government in 1689 that legislative authority consists of the power "to make laws, and not to make legislators." Considering the Pennsylvania Supreme Court felt compelled to include this quote at the beginning of its review of Protz v. Workers' Compensation Appeal Board (Derry Area School District), 124 A.3d 406 (Pa. Commw. 2015), it stands to reason that the court wanted to leave no doubt that the Pennsylvania General Assembly had, in fact, attempted to make legislators out of the members of the American Medical Association when the General Assembly authored Section 306(a.2) of the Workers' Compensation Act. As is well known by now, Act 57 of 1996 amended the Workers' Compensation Act in an attempt to join the wave of jurisdictions that were appealing to The American Medial Association Guides to the Evaluation of Permanent Impairments (The AMA Guides) to limit workers' rights. The problem in Pennsylvania has been that the amendments called for reliance on "the most recent edition" of the AMA Guides in performing impairment rating evaluations (IREs). The Supreme Court has finally weighed in on the matter and found that the Pennsylvania legislature attempted to pass off to another body de facto control over matters of policy in violation of Article II Section 1 of the Pennsylvania Constitution.
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By newyorklawjournal | New York Law Journal | July 12, 2017
Former Drivers' Title III Violation Claims Mooted By DOL Finding Uber Paid Them as Employees
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By newyorklawjournal | New York Law Journal | July 3, 2017
Spread-of-Hours Pay Claim Is Dismissed; Illegal Wage Kickback, Other Claims Stated
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By Amanda Bronstad | June 30, 2017
In its attempt to settle wage claims affecting more than 1 million of its drivers, Uber just slid off the road. At a hearing on Friday, a Los Angeles judge tentatively rejected a $7.75 million settlement that would have resolved claims that its drivers have been misclassified under California law as independent contractors, rather than employees. At a hearing on Friday, lawyers for both Uber and the plaintiffs in the case vehemently fought back against Los Angeles Superior Court Judge Maren Nelson's concerns that the deal might have been the result of collusion.
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By Amanda Bronstad | June 28, 2017
Phone sex might be expensive and short-lived for consumers, but it doesn't pay much for the workers on the other line. That's according to a class action filed on Tuesday alleging a California-based phone sex operator misclassifies its "phone actors" as independent contractors, depriving them of overtime pay and "off the clock" work.
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By newyorklawjournal | New York Law Journal | June 23, 2017
Bulk of 'Giuppone' Factors Favor Liability In Wages Action Over WARN Act's Violation
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By R. Robin McDonald | June 21, 2017
A federal racketeering suit filed against Atlanta's iconic strip club The Cheetah—that the club's defense counsel denounced as "false, spurious, and baseless"—has been dismissed voluntarily by the former dancer who filed it.
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By Michael Booth | June 14, 2017
A federal judge has refused to dismiss a lawsuit filed by the U.S. Department of Labor accusing the operator of 17 Houlihan's restaurants in New Jersey and New York of illegally pocketing portions of servers' and bartenders' tips, and failing to pay them for working overtime.
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