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California Cannabis Delivery Drivers Allege Wage and Hour Violations
A delivery driver for Grassdoor, a Los Angeles-based cannabis delivery company, has sued his employer under California law claiming that it fails to pay him and other workers when they work beyond their regularly scheduled shifts.According to Jorge Catalan’s complaint, filed in a federal district court in California, Grassdoor’s delivery drivers use a company car to make deliveries throughout Los Angeles and Orange counties.
February 16, 2023
Rover Settles Misclassification Case for $18 Million
According to a settlement notice filed on February 7, 2023, A Place for Rover (Rover) agreed to settle a 3-year old litigation for $18 million dollars. The lawsuit, which was initiated by Melanie Sportsman (represented by The Tidrick Law Firm LLP and Ariel Stiller-Shulman of the Stiller Law Firm), alleged that Rover misclassified her and other dog walkers as independent contractors.
February 14, 2023
Wells Fargo Fraud Investigators File Suit Alleging Federal and State Overtime Violations
On January 25, 2023, an individual plaintiff filed a collective action in the United States District Court for the District of Maryland on behalf of more than 100 fraud investigators working for Wells Fargo. The plaintiff seeks damages arising from the company’s failure to pay them any overtime compensation in accordance with the federal Fair Labor Standards Act (“FLSA”), as well as the Maryland Wage Hour Law (“MWHL”) and Maryland Wage Payment Collection Law (“MWPCL”).
February 09, 2023
Cannabis Dispensary Workers Seek Class Certification in Tip Theft Case
Cannabis dispensary workers suing their employer Curaleaf asked a federal judge to certify a class in their suit, claiming managers at locations around the country stole the contents of tip jars. Heller et al. v. Curaleaf Holdings Inc., Case No. 1:22-cv-01617 (N.D. Illinois).
February 08, 2023
Ninth Circuit Overturns Trial Court’s Dismissal Allowing Alaska Airlines/Horizon Air Employees to Continue USERRA Claims
On February 1, 2023, the Ninth Circuit overturned summary judgment entered by a trial court in the Eastern District of Washington against a class of Alaska Airlines, Inc., and Horizon Air Industries, Inc., employees.In their lawsuit, the employees claimed that the airlines’ leave policies violated the Uniformed Service Employment and Reemployment Rights Act (“USERRA”), a federal law that provides a range of employment protections for service members.
February 07, 2023
Owners of Shuttered D.C. Assisted Living Facilities to Pay $1.5 Million for Failing to Properly Pay Front-Line Workers During the COVID-19 Pandemic
The owners of six now-shuttered D.C. Assisted living facilities will pay over $1.5 million for failing to properly compensate their front-line health care workers during the COVID-19 pandemic. According to the Office of D.C. Attorney General Brian Schwalb, Azure Health Services and its former owners required their staff to work twenty-four hour shifts for fourteen consecutive days, but only paid them for 18 hours per day, in violation of D.C. law.
February 02, 2023
Study Finds Rampant Practice Among Employers to Wrongfully Claim Exemption from the FLSA
The Fair Labor Standards Act (FLSA) provides covered workers with a right to earn overtime compensation unless they satisfy one of a limited set of exemptions, including an exemption for “executive” employees who earn more than $684 a week. Whether an employee is properly exempt from the overtime provisions of the FLSA requires an analysis of the employee’s actual job duties and responsibilities.
January 31, 2023
Congress Passes Laws Aimed at Protecting Pregnant and Nursing Employees
Recently, Congress passed two laws expanding protections for pregnant workers and pregnancy-related conditions. The Pregnant Workers Fairness Act expands protections for reasonable accommodations related to pregnancy and the Providing Urgent Maternal Protections for Nursing Mothers expands coverage which require employers to provide breaks for breastfeeding employees.
January 26, 2023
State and Federal Laws Protect Workers who are Laid Off
After a string of high-profile layoffs at companies across multiple industries, including layoffs announced by Microsoft on January 18, state and federal laws governing mass layoffs and plant closings are receiving national attention.Under federal law, the WARN Act requires employers with 100 or more employees to provide 60 days’ paid notice if they conduct a qualifying mass layoff of at least 50 employees (including indefinite furloughs).
January 19, 2023
FTC Proposes Prohibition on Non-Compete Agreements, Adding Federal Action to Growing State Regulation
Explaining that, by keeping people from switching jobs, non-compete agreements deprive workers of higher wages and better conditions, and deprive less-established businesses of talent, the FTC has proposed a rule barring these agreements. In addition to prohibiting the creation of new non-compete agreements with both employees and independent contractors, the rule would also require companies to nullify any existing non-compete agreements within six months.
January 17, 2023
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