Monday, February 22, 2010 Proposed Rule Seeks to Define "Reasonable Factors Other Than Age" in Age Discrimination Cases
In Smith v. City of
Jackson, 544 U.S. 228 (2005), the Supreme Court found that, because of the
similar language and purposes of the Age Discrimination in Employment Act
(ADEA) and Title VII of the Civil Rights Act of 1964, plaintiffs could bring a
claim using a "disparate impact" theory under the act. read more...
Tuesday, November 24, 2009 Court Certifies Loan Officers and Processors FLSA Overtime Collective Action Against Freedom Mortgage Corporation and Orders Notice Be Sent to Current and Former Employees
On November 2, 2009, the U.S. District Court for the District of New Jersey conditionally certified a collective action to recover Fair Labor Standards Act (FLSA) overtime brought on behalf of loan officers and loan processors who either currently work at Freedom Mortgage Corporation (FMC) or worked at FMC at any time after January 28, 2006. read more...
Friday, August 28, 2009 Hooters Girls Potentially Entitled to Money Damages and Other Relief
The practice of requiring waitresses/hostesses to purchase and maintain their uniforms violates the federal wage payment law and certain state laws if the cost of those requirements lowers their hourly wage below minimum wage. Because at least some Hooters restaurants do not purchase these items for employees and instead require the Hooters Girls to purchase their own uniform items such as nylons, shorts, t-shirts, and sneakers, it is likely violating the FLSA and many state's wage laws. read more...
Friday, August 7, 2009 Court Approves Award to Skycaps for Tip Law Violations
A federal jury awarded $325,000 to nine skycaps who contended that their employer, American Airlines, unlawfully deprived them of tips by instituting a $2 per bag service charge. The Massachusetts Supreme Judicial Court interpreted a state law prohibiting employers from keeping tips. read more...
Wednesday, August 5, 2009 New Notice Requirements for New Hires in New York Regarding Overtime Rate
On July 28, 2009, the Governor of New York signed a law that requires New York employers to give written notice of the rate of pay, the hourly overtime rate of pay, and the regular payday to employees upon hiring. read more...
Wednesday, July 29, 2009 Customers Allege that Kaiser Permanente Has Unlawfully Failed to Refund Copayments