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Some Employers May Be Gambling That Employees Are Not Yet Aware of Their Rights Under NLRA After NLRB Severance Agreement Ruling
In the wake of the February 21, 2023 decision (McLaren Macomb and Local 40 RN Staff Council, OPEIU) from the National Labor Relations Board (“NLRB”) prohibiting severance agreements conditioned on non-disparagement or confidentiality provisions, employers have begun adjusting their practices to avoid unfair labor practice charges under the National Labor Relations Act (“NLRA”).
April 21, 2023
Marriott Banquet Servers in San Francisco to Be Awarded Approximately $9 Million in Unpaid Gratuities
On April 7, 2023, after a multi-day bench trial, a California Superior Court judge issued a tentative ruling awarding approximately $9 million in damages for unpaid service charges to class of banquet servers who worked at the Marriott Marquis hotel in San Francisco from 2012-2017, holding that Marriott had violated the California Labor Code’s prohibition on employers keeping any portion of gratuities left for employees.
April 19, 2023
Have You Been Paid Late Due to a Bank Failure?
With the banking industry suffering from instability, some banks have struggled to pay their employees in a timely manner. Additionally, companies that keep their deposits in these banks have also run into issues paying their employees on time. Under state and federal law, your employer is obligated to pay you on time, and can be liable for penalties if they pay their employees late.
April 19, 2023
“Unconscionable” Debt-for-Training Scheme Funnels Low-Wage Tech Workers to Fortune 500 Companies; Class-Action Lawsuit Seeks to Void Predatory Training Repayment Agreement Provisions
VIA THE STUDENT BORROWER PROTECTION CENTER: Last night, a former employee filed a class-action lawsuit against a tech-training and employee-staffing agency, Smoothstack, Inc. (Smoothstack). This new lawsuit alleges that Smoothstack steals wages from employees and pushes them to sign predatory Training Repayment Agreement Provisions (TRAPs), putting them on the hook for tens of thousands of dollars in debt if they tried to leave or were fired from low-wage tech jobs working on projects for some of the largest corporations in the world.
April 14, 2023
Overtime Lawsuit Filed Against Smithfield Fresh Meats Corp in Illinois
Employees of Smithfield Fresh Meats Corporation filed suit against their employer for violations of the Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law. The case, Franklin v. Smithfield Fresh Meats Corp, was filed on April 4, 2023, in the US District Court for the Central District of Illinois.
April 13, 2023
California Federal Judge Rules that Grubhub Driver was Employee Entitled to Overtime, Minimum-Wage Pay
A federal judge in California ruled on March 31st that Grubhub misclassified a former delivery driver, Raef Lawson, as an independent contractor and therefore improperly denied him minimum-wage pay. The court also held that Mr. Lawson was qualified to receive overtime pay, but that he had not worked over 40 hours in any given week.
April 11, 2023
JetBlue Airlines Settles California State Wage Case with 614 Flight Attendants for $3.6 Million
On March 31, 2023, a federal district judge approved a $3.6 million settlement agreement between JetBlue Airways Corp. and a class of 614 flight attendants to resolve claims that JetBlue violated California labor law.The lawsuit claimed that JetBlue did not compensate flight attendants based in California for all hours worked and failed to provide them with accurate wage statements.
April 06, 2023
Bed Bath & Beyond Sued for Allegedly Violating WARN Act
Approximately a month after Bed Bath & Beyond announced it was closing all 49 Harmon store locations, the retailers have been sued under the federal Worker Adjustment and Retraining Notification (“WARN”) Act and a similar New Jersey state law, alleging they failed to provide employees with proper advance notice of the mass layoffs, which occurred in February and March 2023.
April 03, 2023
Healthcare Staffing Company Agrees to Pay $3.7M to Employees
A group of nurses recently reached a settlement of their overtime claims against CHG Medical Staffing, Inc., (“CHG”) for a total payment of $3.7 million. See Carlino v. CHG Medical Staffing, Inc., Docket No. 1:17-cv-01323 (E.D. Cal.). According to a March 17, 2023 filing, the settlement will result in an average payment exceeding $3,000.00 for each of 782 affected individuals, resolving their overtime claims under the federal Fair Labor Standards Act and California state wage and hour laws.
March 30, 2023
Nurse Sues Midwest Nursing Home Chain Over Failure to Pay Overtime
On March 15, 2023, Erika Santiago filed suit under the FLSA and Ohio state law against her former employer, Midwest nursing home chain Trilogy Health Services, LLC, on behalf of herself and a proposed nationwide collective action and Ohio class action consisting of non-exempt direct care employees (including but not limited to State Tested Nursing Assistants, Licensed Practice Nurses, Caregivers, Registered Nurses, and Certified Nursing Assistants).
March 28, 2023
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