S.D.N.Y. Grants Nationwide Class Certification Against Chipotle
On June 20, 2013, the U.S. District Court (S.D.N.Y.) received oral arguments on behalf of Chipotle Mexican Grill, Inc (“Defendant”) and its Apprentice/Assistant Manager employees (“Plaintiffs”) located in eight states regarding a motion for Conditional Certification of a Collective Action pursuant to the Fair Labor ...
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American Express v. Italian Colors Restaurant has Major FLSA Implications Moving Forward
In American Express v. Italian Colors Restaurant, the Supreme Court of The United States reversed the decision of the Second Circuit by a 5-3 decision, holding that the Federal Arbitration Act, 9 U.S.C. 2, does not ...
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Conde Nast Allegedly Violates Federal and State, Wage and Hour Laws by Failing to Pay Interns
On June 13, 2013, two former interns, Lauren Ballinger and Matthew Leib (Plaintiffs) filed a class action complaint in U.S. Federal Court (S.D.N.Y.) on behalf of themselves and all others similarly situated against Conde Nast Publications ...
Continue Reading →On June 12, 2013, the Alycia Carrillo (“Plaintiff”) filed a complaint in U.S. Federal Court on behalf of herself and all others similarly situated that worked at The Ainsworth and Ainsworth Park (collectively, the “Ainsworth Bars”), as class representative, alleging that Paige Hospitality Group (“Defendant”) unlawfully violated the Fair Labor Standards Act (FSLA) and New York Labor Law (NYLL). The plaintiff is seeking to recover unpaid minimum wages, overtime compensation, spread of hours pay, misappropriated gratuities, misappropriated service charges, unlawful ...
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S.D.N.Y. Grants Conditional Certification and Court-Authorized Notice to Tipped Employees against Ruby Tuesday Restaurants
On June 11, 2013, the U.S. Federal Court (S.D.N.Y.) granted conditional certification and court-authorized notice to potential class members in Guttentag v. Ruby Tuesday, ...
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Fox Entertainment Group and Fox Searchlight Pictures Violate Federal and State, Wage and Hour Laws by Failing to Pay Interns
On June 11, 2013, the U.S. Federal Court (S.D.N.Y) held in Glatt v. Fox Searchlight Pictures that Fox ...
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The Supreme Court of the United States Affirmed the Court of Appeals Decision to Not Overrule Arbitrators Decision to Permit Class Arbitration
On June 10, 2013, the Supreme Court of the United States unanimously affirmed the Third Circuits decision to deny the Defendants, Oxford Health Plans’, appeal to deny an arbitrators decision to approve class arbitration proceedings based ...
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On May 22, 2013, the United State Court of Appeals for the Second Circuit denied defendants Gristede’s Operating Corp.’s appeal from District Judge Paul A. Crotty’s award of $3,415,450 in attorneys’ fees and $442,609.85 in costs to plaintiffs after the parties entered into a $3,530,000 settlement on the eve of trial.
Defendants argued that the district court did not adequately ...
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AARP Survey Evidences Age Bias in the Workplace
In late 2012, the AARP surveyed 1,502 adults between the ages of 45 and 74 about age discrimination in the workplace, and found that many of the people surveyed have had personal experiences with age bias at work.
As Ann Carrns explained in the New York Times, almost 20% of the people surveyed believed they have been passed over for ...
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Recent Supreme Court Decisions Favor Businesses over Consumers, Employees
A recent Minnesota Law Review article studied 2,000 Supreme Court decisions from 1946 to 2011, and confirmed that the current Supreme Court is, by a wide margin, the most business-friendly Court during the time period. All five of the Court’s conservative-leaning judges (John Roberts, Anthony Kennedy, Antonin Scalia, Clarence Thomas, and Samuel Alito) rank among the ...
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