Wage and Hour Litigation

  • Daily Report Online

    Stripper's Legal Settlement Worth Thousands of Lap Dances

    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.

  • The Legal Intelligencer

    Analyzing the Long-Awaitied 'Protz' Decision

    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.

  • New York Law Journal

    Aleksanian v. Cuomo

    By newyorklawjournal | New York Law Journal | July 12, 2017

    Former Drivers' Title III Violation Claims Mooted By DOL Finding Uber Paid Them as Employees

  • New York Law Journal

    Landi v. 341 Hancock LLC

    By newyorklawjournal | New York Law Journal | July 3, 2017

    Spread-of-Hours Pay Claim Is Dismissed; Illegal Wage Kickback, Other Claims Stated

  • The Recorder

    Uber Gets Red Light in Bid to Settle Drivers' Wage Claim

    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.

  • The Recorder

    Phone Sex Workers Sue Over Low Wages, Long Hours

    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.

  • New York Law Journal

    Garner v. Behrman Brothers IV, LLC

    By newyorklawjournal | New York Law Journal | June 23, 2017

    Bulk of 'Giuppone' Factors Favor Liability In Wages Action Over WARN Act's Violation

  • Daily Report Online

    Former Dancer Dismisses Civil Racketeering Claims Against Strip Club

    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.

  • New Jersey Law Journal

    Judge Stiffs Houlihan's Owner in Feds' Tip-Pooling Suit

    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.

  • New York Law Journal

    Savino v. Visiting Nurse Service of N.Y.

    By newyorklawjournal | New York Law Journal | June 13, 2017

    Settlement of FLSA Claims Approved; Arm's Length Bargain Avoids Risks of Litigation

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