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Court Grants Conditional Certification in Unpaid Overtime Case Under the Fair Labor Standards Act Based on Unlawful Written Policy
On July 15, 2022, Miguel Carabajo filed a lawsuit against APCO Insulation under the Fair Labor Standards Act (FLSA), alleging that they failed to pay him and other employees overtime, unlawfully deducted time for meal breaks they did not take, and required them to come in early before clocking in.
June 22, 2023
Colorado Court of Appeals Rules Banquet Server is Not “Tipped Worker” Under Overtime Rules
The rights of tipped workers to pay and overtime are treated differently than most other workers. For example, under the Fair Labor Standards Act, employers may pay a reduced amount as the minimum wage provided that the workers’ tips equal at least the difference between that amount and the federal minimum wage.
June 20, 2023
60 Years After Equal Pay Act, Gender Pay Disparities Still Persist
Sixty years ago, on June 10, 1963, the Equal Pay Act was signed into law. The Equal Pay Act was enacted to protect workers against wage discrimination based on sex, meaning it had a goal of bringing equality to compensation practices. This was a landmark piece of federal anti-discrimination law and one of the first to address pay disparities in this way.
June 09, 2023
Texas Joins a Growing List of Blue and Red States, Counties, and Cities to Adopt CROWN Act Protections for Race-Related Hairstyles and Textures
On May 27, 2023, Texas added protections for hairstyles (such as “braids, locks, and twists”) and textures commonly or historically associated with race to its law prohibiting race discrimination in employment and housing. In addition, the new law, HB 567, bans public schools and universities from establishing dress codes that do not allow such race-related hairstyles and textures.
June 06, 2023
Workers, Applebees Reach Million-Dollar Settlement on Minimum Wage and Overtime Claims
After more than a decade of litigation, Apple-Metro Inc., the owner of dozens of Applebees restaurants in the New York City area, agreed to settle minimum wage and overtime claims brought by over 1,000 of its current and former restaurant workers. Despite financial precarity brought on by the Covid-19 pandemic, these workers managed to secure a one-million-dollar settlement, as well as a guarantee that, if the company becomes insolvent, they will be able to recover from two of the restaurant owners personally.
June 01, 2023
NLRB GC Asserts Most Non-Complete Agreements are Unlawful
National Labor Relations Board General Counsel Jennifer Abruzzo dealt another blow to non-compete agreements in the United States on Tuesday, concluding in a memorandum issued to the NLRB’s Regional Director that most non-compete agreements violate federal labor laws.
May 31, 2023
Fresh Del Monte Produce Data Breach Investigation
On January 13, 2023, Fresh Del Monte Produce, Inc. discovered that its network had been subject to unauthorized activity and began investigating. Fresh Del Monte finished its investigation on April 25, 2023, and determined that its employees’ personal information may have been compromised
May 30, 2023
Uber and Lyft Drivers in Washington Now Have a Statutory Right to 12 Weeks of Paid Family and Medical Leave
On May 15, 2023, Washington Governor Jay Inslee signed a bill that protects rideshare drivers’ right to paid family and medical leave into a law. The new law requires companies like Uber and Lyft to provide up to 12 weeks of paid leave for a medical event or birth of a child.
May 25, 2023
New York City Passes Bill Prohibiting Weight and Height Discrimination
On May 11, 2023, the New York City Council passed a bill prohibiting discrimination on the basis of one’s height and weight in housing, employment, and in public places. The bill will add weight and height as protected categories under the New York City Human Rights Law.
May 24, 2023
Employee Sues for Wrongful Termination in Connecticut, Alleging Job Lost Due to Medical Marijuana Use
On April 24, 2023, a former employee of Specialty Minerals, Inc., filed suit in Connecticut for wrongful termination, alleging that his employer had fired him for his legal, off-duty medical marijuana use. Click here to view the complaint.Per the complaint, the employee uses marijuana to alleviate symptoms of PTSD and as a sleep aid and did not report to work under the influence of marijuana
May 23, 2023
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