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HEARST UNPAID INTERNS WIN CONDITIONAL CERTIFICATION

In the recent decision of Wang v. Hearst Corporation, 2012 WL 2864524, the Court denied the defendant-employer’s motion to strike the class and collective action allegations made by the plaintiff-employees and granted the plaintiff’s cross-motion for conditional certification and court-authorized notice to potential class members pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §216(b).

Plaintiff’s proposed class consisted of interns who worked at 19 magazines, owned and operated by defendant, performing tasks necessary to the employer’s operations such as ...

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FLSA DECERTIFICATION DECISION

In a recent decision, Morano v. Intercontinental Capital Group, 2012 WL 2952893, the Court dismissed the employees’ nationwide collective action against their employer because all the plaintiffs were not “similarly situated.”  The Court recommended that the employees propose workable classes and resubmit their collective action or that each individual employee bring their own lawsuit.

Plaintiffs in the case were loan officers at Intercontinental Capital Group, Inc. (defendants).  The employees brought their claims as a nationwide collective action claiming that their Intercontinental ...

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JP MORGAN RETALIATION DECISION

In Robert Bagley v. J.P. Morgan Chase & Co., (10 Civ. 1592, SDNY):

Plaintiff, an assistant vice president at J.P. Morgan Chase (“Chase”) sued his employer, Chase, for retaliation against him for opposing unlawful discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”).  The employer’s motion for summary judgment on the retaliation claim was denied.  Plaintiff claimed that his supervisors directed him ...

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CLASS ACTION ARBITRATION

A Federal Court in New York recently agreed with an Arbitrator’s award permitting the employees to seek their New York Labor Law (“NYLL”) and Fair Labor Standard Act (“FLSA”) claims on a class-wide or collective action basis, despite the arbitration agreement not expressly giving the employees this option.  The employees worked as tipped, hourly food service workers at their employers’ restaurants.  During their employment, the employees received a handbook with a dispute resolution policy (“DRP”) and they also received a ...

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NEW YORK HOME HEALTH CARE OVERTIME

In the first class-wide settlement of its kind, employees of a home care agency reached an agreement with their employer to settle their overtime compensation claims.  The New York State Court approved a settlement that awarded the employees $1.1 million.  The employees worked as home health aides for McMillan’s Home Care Agency.  The employees alleged that their employer failed to pay them overtime at one and one half times their regularly hourly rate, despite frequently working up to 60 hours ...

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RECRUITERS ARE ENTITLED TO OVERTIME PAY

In a recent case, the employees of a class action lawsuit were awarded $12.3 million to settle their overtime claims.  The employees worked as health care and staffing recruiters for Maxim Healthcare Services Inc., a national health care staffing company.  The employees alleged that they worked in excess of 40 hours per workweek and were not paid any overtime wages as required under various State Labor Laws and the Federal Labor Standards Act (“FLSA”).  The employees’ job duties consisted of ...

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ENERGY COMPANY OVERTIME SETTLEMENT

Last week, Allis-Chalmers Energy agreed to pay $1.9 million to their employees to resolve an unpaid overtime class action lawsuit.  Back on November 30, 2010, employees of Allis-Chalmers Energy, an oil and gas servicing company, filed a lawsuit alleging that their employer failed to pay them overtime.  The employees were employed as field operators who were primarily engaged in manual labor duties such as transporting, installing and maintaining oil and gas drilling equipment such as fluid lines and air compressors.  ...

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OBAMA CARE UPHELD BY SUPREME COURT

In an innovative ruling that is likely to send shockwaves throughout America, the Supreme Court of the United States decided that the so-called “individual mandate” is constitutional under Congress’s power to tax.  The Supreme Court said that the individual mandate provision does not require all Americans to carry health insurance.  Instead, the provision is an invitation for everyone to carry health insurance, but if people choose not to carry health insurance then they will have to pay a tax.  By ...

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ORAL AGREEMENTS FOR BONUSES ARE ENFORCEABLE

In a recent case, New York’s highest court decided that an oral bonus agreement is enforceable.  The court awarded the employee the amount of the bonus, interest and attorneys’ fees.  While working in the financial industry for a brokerage firm, the employee received a job offer from another employer, which was a broker-dealer.  As part of the compensation package offered, the employee was to be paid a bonus.  The agreement was not in writing, but was offered and accepted verbally.  ...

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SUPREME COURT DECISION REGARDING SALES REPS

The Supreme Court of the United States recently decided in Christopher v. Smithkline Beecham Corp. that pharmaceutical sales representatives are not entitled to overtime wages under the Fair Labor Standards Act (“FLSA”) because they satisfy the ‘outside salesmen’ exemption.  The Court based their decision on the nature of the pharmaceutical sales reps’ position and the rules and industry wide practices set forth in the pharmaceutical sales industry.  A pharmaceutical sales rep’s objective is to enter into as many nonbinding commitment ...

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