In early 2015, a female applicant of a brokerage firm in Florida was hired, only to be fired within the hour after inquiring about their maternity policy and disclosing she was pregnant. Her offer was abruptly rescinded citing that they needed someone who would be in the position for the “long-term”. The applicant filed a claim with the EEOC for pregnancy discrimination in July of 2016 and recently settled her case for $100,000 in damages and an agreement that the ...Continue Reading →
Fox News has had a tumultuous year dealing with sexual harassment claims in the workplace. Last year several lawsuits were filed against its former Chairman and network CEO Roger Ailes alleging sexual harassment. One of these cases even settled for an astounding $20 million dollars. In the last couple of months the news channel had been dealing a series of sexual harassment lawsuits against its top-rated host, Bill O’Reilly, which prompted an internal investigation that in turn revealed ...Continue Reading →
On April 11, 2017 the NY Supreme Court, Appellate Division for the First Department ruled in favor of the plaintiffs in the Tokhtaman v. Human Care, LLC case. The plaintiffs in this matter argued that home health aides were not being paid for all hours worked, overtime, and spread of hours. The courts decided that nonresidential home health aides who work as live-ins at a client’s home are eligible for overtime.
What Does This Mean & Who Does This Affect?
Home Health ...Continue Reading →
On April 12, 2017, in the case of Hotaranu v. Star Nissan Inc., No. 16 Civ. 5320, Judge Robert M. Levy of the United States District Court for the Eastern District of New York granted Plaintiffs’ motion for a conditional certification of a collective action under the Fair Labor Standards Act. Plaintiffs originally commenced this action on September 26, 2016, on behalf of themselves and all similarly situated current and former auto sales representatives employed at the Star Nissan dealership, ...Continue Reading →
There has been an important development for tipped workers in the state of Connecticut. The Connecticut Supreme court has decided that delivery workers cannot be paid a tip credit instead of the full minimum wage rate. The norm had been that businesses like hotels and restaurants would pay its delivery workers the reduced minimum wage because they were earning tips, however, this recent decision points out that the law may have been misinterpreted all along. Delivery workers may have always ...Continue Reading →
An employee of Fields Motor cars of Florida, a Mercedes dealership, sued them for disability discrimination after they terminated him once he returned from a medical leave for his kidney cancer treatment. The 71 year old employee was cleared to return to work where he capable of completing all of his job duties but was instead terminated for failing to follow company policies over an incident that happened 10 years prior.
A federal jury in Florida recently reached a verdict in ...Continue Reading →
On Monday, March 13, 2017, Fitapelli & Schaffer, LLP filed a class action lawsuit against Nick’s Pizzabar for unpaid wages. Nick’s Pizzabar, which is under the same management as other well known NYC restaurants such as Harry’s Café and Steak, Pier A Harbor House, Harry’s Italian, Adrienne’s Pizzabar, Ulysses’ Folk House, Bathtub Gin, The Dead Rabbit, Le District, The Growler, and Vintry Wine & Whiskey, has failed to properly compensate its former and current delivery workers. This lawsuit seeks to ...Continue Reading →
On January 31, 2017, Real Estate Appraisers for Bank of America Corp. were awarded a 7 million dollar settlement after alleging LandSafe, Inc. and LandSafe Appraisal Services, Inc., and their parent company, Defendant Bank of America Corp., refused to pay them overtime even after a similar case against them for unpaid overtime two years prior settled for 36 million dollars. This lawsuit claimed that Bank of America Corp. refused to change their compensation practices even after the prior lawsuit and ...Continue Reading →
Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which as argued by a recent lawsuit against Magnetic Contracting Corp. and City Metro Corp., would entitle them to receive overtime pay when working over 40 hours per week. Magnetic Contracting Corp., a commercial and residential construction company operating throughout the greater New York City area, was hit with a class action Fair Labor Standards Act (FLSA) and ...Continue Reading →
The retail giant, Walmart, has settled a discriminatory same-sex benefits lawsuit. They have agreed to pay $7.5 million after resolving a lawsuit filed in 2015 by a Massachusetts employee. That employee alleged being repeatedly denied health coverage for her wife due to their same-sex marriage. The lawsuit was brought as a class action and intended to cover other Walmart employees in same-sex marriages that were denied health insurance.
Although Walmart has denied these claims, it has agreed to pay ...Continue Reading →