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EEOC Proposes Rules to Implement the Pregnant Workers Fairness Act
On August 7, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking to implement the Pregnant Workers Fairness Act (PWFA). The PWFA expands workplace protections to pregnant workers and requires employers to provide reasonable accommodations for pregnancy-related conditions.
August 15, 2023
Judge Allows Plan Participants to Pursue Claims that DaVita, Inc.’s Investment in High-Fee Funds Violates ERISA
On July 27, 2023, a federal judge in Colorado denied DaVita, Inc.’s motion to dismiss class action claims that it breached its fiduciary duty to its 401(k) plan by allowing higher-than-average recordkeeping costs and offering investment funds with higher-than-necessary management fees.
August 08, 2023
Former Employees Allege Yellow Corp.’s Mass Layoffs Violate WARN Act
A former dockworker filed a class action lawsuit against Yellow Corp., after the company laid him and approximately 30,000 other workers off without advanced notice starting on July 28, 2023. Before it shut down operations on July 30, Yellow Corp. was the third-largest less than truckload (“LTL”) provider in the United States.
August 07, 2023
30 Years of the FMLA
August 5, 2023, marks 30 years from the date the Family and Medical Leave Act (“FMLA”) of 1993 went fully into effect. Signed into law on February 5, 1993, by newly-inaugurated President Bill Clinton, the FMLA gave American workers the right to take time off work to care for themselves and their family members, without giving up their livelihood in the process.
August 04, 2023
MSE Files Lawsuit Against Medicine Man Technologies, Inc. on Behalf of Budtenders in New Mexico
On August 1, 2023, MSE, along with New Mexico law firm Youtz & Valdez PC, filed a lawsuit on behalf of Justin Fowler and other similarly situated individuals who work as budtenders at dispensaries owned and operated by Medicine Man Technologies, Inc. d/b/a/ Schwazze (“Schwazze”), including locations operating under the R.Greenleaf brand name.
August 03, 2023
Fourth Circuit Affirms Ruling That Food Products Sales Representatives Are Entitled to Overtime
On July 27, 2023, a three-judge panel of the Fourth Circuit unanimously upheld a district court ruling that sales representatives working for a food-products distributor were not exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”). The district court rejected the defendants’ argument that the FLSA’s “outside sales” exemption applied to the plaintiffs because it concluded that the defendant failed to show that the plaintiffs’ primary duty was to make sales.
August 03, 2023
Fifth Circuit Upholds Lower Court’s Determination that Two Engineers were not Exempt from Overtime, Despite being Highly Compensated
Last Monday, the Fifth Circuit Court of Appeals in Gentry v. Hamilton-Ryker IT Solutions, LLC, upheld a lower court’s ruling that two engineers making between $200,000 and $300,000 per year were entitled to overtime pay because they were not compensated on a “salary basis.”
August 01, 2023
Papa John’s Delivery Drivers Seek Approval of $20 Million Wage Settlement
Papa John’s delivery drivers have asked a federal judge to approve a $20 million settlement for a wage violation suit. The case is Durling, et al, v. Papa John’s International, and if approved, the settlement could become the largest settlement for pizza delivery drivers in recent similar cases.
July 27, 2023
Casino Worker Files Lawsuit to Recover Unlawfully Shared Tips
Unfortunately, employers routinely violate the rules governing the pay of employees who earn tips, resulting in tipped workers being paid below the amount to which they are entitled under the law. Tips are the property of employees and cannot be shared with supervisors or managers, nor can they be taken by the employer to cover its expenses.
July 26, 2023
The Employee Retirement Income Security Act of 1974
Workers deserve to have their savings protected from unnecessary fees, poor investment options, and slick enticements to invest in bad choices. And they are protected! If you believe your 401(k) or other retirement plan is shortchanging you, please contact us at MSE at [email protected].
July 25, 2023
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