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09Apr

FOURTH CIRCUIT RULES THAT THE ABILITY TO INTERACT WITH OTHERS IS A MAJOR LIFE ACTIVITY UNDER THE ADA

In the case of Jacobs v. N.C. Administrative Office of the Courts, No. 13-2212, the Fourth Circuit Court of Appeals held that social anxiety disorder may be a disability under the Americans with Disabilities Act Amendments Act (“ADAAA”). In that


03Apr

U.S. SUPREME COURT REVIVES PREGNANCY DISCRIMINATION LAWSUIT IN UPS DRIVER CASE

The U.S. Supreme Court recently vacated the lower court’s decision that ruled in favor of United States Parcel Service in a pregnancy discrimination case. The plaintiff in this case, Peggy Young, sued UPS alleging that it discriminated against her under


31Mar

EEOC SUES WELLSNESS SPA FOR PREGNANCY DISCRIMINATION

The U.S Equal Employment Opportunity Commission, an agency that enforces federal laws prohibiting employment discrimination, sued CFS Health Management, Inc., d/b/a Shefa Wellness Center, for pregnancy discrimination under Title VII of the Civil Rights Act of 1964, as amended by


26Mar

NYC RESTAURANT ORDERED TO PAY $2.7 MILLION TO 11 WORKERS

Last week, U.S. Magistrate Judge Michael H. Dolinger ordered popular Korean restaurant, Kum Gang San, to pay nearly $2.7 million in back wages and damages to 11 restaurant workers. Kum Gang San is owned by Ji Sung Yoo and is


23Mar

NLRB ISSUES REPORT ON EMPLOYER HANDBOOKS

Last week, NLRB General Counsel Richard E. Griffith, Jr., issued a thirty-page report regarding the legality of employer handbook policies under Section 7 of the National Labor Relations Act (“NLRA”).   The report contains guidance as to what types of employer


16Mar

VIACOM AGREES TO SETTLE FOR $7.2 MILLION IN INTERNSHIP LAWSUIT

Last week, media giant Viacom, Inc., agreed to pay about $7.2 million to end the class-action lawsuit filed by a former MTV intern, who alleged that the Company failed to pay minimum wage. The deal encompasses interns who worked at


13Mar

THIRD CIRCUIT RULES THAT ARMORED CAR DRIVERS ENTITLED TO OVERTIME PAY UNDER FLSA

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit affirmed the lower court’s ruling that armored vehicle driver, Ashley McMaster, was entitled to overtime pay under the Fair Labor Standards Act (“FLSA”). The Court held that


11Mar

TGI FRIDAY’S SETTLES WITH 14 PLAINTIFFS IN CLASS ACTION SUIT

Last year, the parent company of popular restaurant, TGI Friday’s, was sued in New York federal court by restaurant workers claiming to have been shorted on wages when performing side work and “off-the-clock” work. Specifically, it was alleged that tipped


09Mar

PAPA JOHN’S NEW YORK FRANCHISEE ORDERED TO PAY $2 MILLION TO UNDERPAID WORKERS

As we previously reported in October 2014, New York Attorney General Eric T. Schneiderman filed a civil action lawsuit against Papa John’s franchisee and its owner-operator for various labor law violations in New York City. Last week, New York County


16Feb

DEFENSE TO SEXUAL HARASSMENT SUITS STRENGTHENED BY NEW JERSEY HIGH COURT RULING

Last week, the New Jersey Supreme Court in Aguas v. State of New Jersey, adopted the test set forth in two federal cases, namely, Burlington Industries v. Ellerth and Faragher v. City of Boca Raton, when reviewing sexual harassment claims


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