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California Court of Appeals Ruling Underscores Employee Right to Off-site Meal Breaks
In a recent ruling (Estrada v. Royalty Carpet Mills, Inc., Appeal Nos. G058397, G058969 (Cal. App. 4th March 23, 2022), the California Court of Appeals further cemented a rule long recognized in the state that employees must be free to leave their employers’ premises during their meal periods.
May 10, 2022
US Court of Federal Claims allows UPS Retirees to continue their lawsuit over Teamster Pension Cuts
The US Court of Federal Claims ruled that United Parcel Service retirees can advance their lawsuit against the federal government. The retirees sued the federal government over a 2014 pension law that authorized 29% cuts to their benefits; they claim that the cut is an unconstitutional governmental taking of property.
May 05, 2022
Remote Work Employees Bring Class Action Suit Under WARN Act
Courts continue to grapple with application of the Worker Adjustment and Retraining Notification (“WARN”) Act. MSE previously reported on litigation, which settled in September 2021, filed by workers alleging they were terminated without the notice required by the WARN Act at the beginning of the COVID-19 pandemic.
April 28, 2022
New York Workers Sue for Late Payment of Overtime
Manual workers working in New York state must be paid weekly and if they are not, they are entitled to receive liquidated damages for the late payment. For example, biweekly payments to manual workers violate New York state law and such workers can bring suit to recover liquidated damages.
April 26, 2022
New York City Commission on Human Rights Issues Guidance on New Salary Transparency Law
Beginning May 15, 2022, most employers in New York City will be required to list a salary range in all job advertisements. In preparing for the new salary transparency law to go into effect, the New York City Commission on Human Rights recently issued guidance to employers and employees about their rights and obligations under the law.
April 21, 2022
Ninth Circuit Allows Female Student-Athletes to Pursue Their Title IX Case as a Class Action
The Ninth Circuit has determined that a group of female student athletes who are suing the Campbell High School over systemic discrimination in the school’s athletics programs may proceed as a class. Title IX is a federal civil rights law that requires gender equity in education which applies to sports programs in federally funded high schools.
April 14, 2022
D.C. Attorney General Recovers More Than $1 Million from Construction Company for Misclassifying Employees as Independent Contractors
The District of Columbia Attorney General, Karl A. Racine, announced on April 6, 2022 that his office had entered into a settlement agreement that will require a construction company to pay more than $1 million to workers and the District after the company misclassified its employees as independent contractors to avoid paying them overtime pay or providing paid sick leave.
April 12, 2022
The Best Recipe for Change: Hundreds of Condé Nast Employees Organize, Seek Union Recognition
Over 350 employees of Condé Nast have notified the publishing giant that they wish to be represented by the NewsGuild of New York. In a letter to the company at the end of March, the employees requested voluntary recognition of a bargaining unit that would encompass around 500 employees working in a variety of positions, including editorial, video, and production staff, across 11 of Condé Nast’s publications, including titles such as Bon Appétit, Vogue, Vanity Fair, and GQ.
April 07, 2022
Federal Courts Allow Plaintiffs to Proceed with Paid Military Leave Claims
On March 29, 2022, a federal district court in Georgia denied a motion to dismiss filed by Delta Airlines in a putative class action lawsuit alleging that the company violated the Uniformed Service Employment and Reemployment Rights Act (USERRA) by failing to provide paid leave benefits to employees taking short term military leave (i.e., military leave of 30 days or fewer).
April 05, 2022
Arbitrator Finds Bureau of Prisons Willfully Violated the Law in Failing to Pay Overtime to Fair Labor Standards Act Non-Exempt Employees
In an arbitration handled by MSE Partner Diana Nobile and Associate John Stewart, Arbitrator Mary Jeanne Tufano found that the Bureau of Prisons willfully violated the law in failing to pay overtime to three AFGE Local 307 bargaining unit members assigned to work as “Teachers” at United States Penitentiary Allenwood.
April 01, 2022
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