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SECOND CIRCUIT RULES IN FAVOR OF APPLEBEE’S RESTAURANT WORKERS IN WAGE-AND-HOUR SUIT
In 2010, workers at Applebee’s restaurants located in New York sued franchisee owner, T.L Cannon Corp. (“Cannon”), for alleged violations of the Fair Labor Standards Act and New York Labor Law. Specifically, Plaintiffs claimed that Cannon failed to pay hourly
NEW JERSEY SUPREME COURT HOLDS THAT WORKER-FRIENDLY TEST TO BE USED IN DETERMINING INDEPENDENT CONTRACTOR STATUS
Last week, the New Jersey Supreme Court ruled in Hargrove v. Sleepy’s, LLC that the “ABC” test should be used in determining employee or independent contractor status under New Jersey wage laws, namely, the NJ Wage Payment Law and the
NEW YORK SERVICE WORKERS SEEK RAISES
Like many states, New York allows restaurants and hotels to pay tipped employees, including servers and busboys, less than the minimum wage of $8.75 an hour, provided they make up the difference in tips. New York’s tipped wage has not
NEW YORK AND NEW JERSEY MINIMUM WAGE INCREASES IN YEAR 2015
The new year brings an increase in the hourly minimum wage for workers in various states, including New York and New Jersey. Effective December 31, 2014, the minimum wage rate in New York state rose 9% from $8.00 to $8.75 per
NLRB NAMES MCDONALD’S CORPORATION AS ‘JOINT EMPLOYER’ FOR FRANCHISEE LABOR VIOLATIONS
As we stated in our previous blog, NLRB general counsel, Richard Griffin, determined that McDonald’s Corporation is jointly liable for the unfair labor practices of its franchisee operators. Consequently, last week, Griffin announced that the he has issued complaints against
NLRB RULES THAT WORK EMAIL PERMITTED TO BE USED FOR UNION ORGANIZING
In a decision overruling a past ruling, the NLRB held last week that employers could not prohibit employees from using their work email to communicate with others regarding union organization during non-work periods. The majority held that the workplace is
NURSING HOME SUED FOR UNIFORM POLICY
A certified nursing assistant, Carole Guerra, commenced a FLSA collective action alleging that HCR Manor Care, Inc., a nursing home in Philadelphia, failed to pay employees for time spent on maintaining uniforms outside of their regular work hours. Guerra seeks
THIRD CIRCUIT HOLDS THAT EX-TD AMERITRADE EMPLOYEE REQUIRED TO ARBITRATE WHISTLEBLOWER CLAIMS
Earlier this week, the Third Circuit Court of Appeals ruled that former TD Ameritrade employee, Boris Khazin, must arbitrate his whistleblower claims instead of suing in court. Khazin, who worked in the firm’s compliance group, sued TD Ameritrade for retaliating
REPAIR TECHNICIANS FOR GENERAL ELECTRIC GRANTED CONDITIONAL CERTIFICATION IN WAGE AND HOUR SUIT
Last month, a New Jersey District Court judge granted conditional certification in a wage and hour collective action brought by appliance repair technicians employed by General Electric. Thirteen plaintiffs, who service appliances in customer’s homes, filed the lawsuit and alleged
NEW YORK HOME HEALTH AGENCY SETTLES FALSE CLAIMS ACT LAWSUIT FOR $35 MILLION
Last week, the Visiting Nurse Service of New York (“VNS”), a not-for-profit organization providing in-home care to New York residents, agreed to pay nearly $35 million to settle claims that it defrauded Medicaid by improperly billing ineligible patients for services