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SEVENTH CIRCUIT HOLDS CIVIL RIGHTS ACT PROHIBITS SEXUAL ORIENTATION DISCRIMINATION IN THE WORKPLACE
Last week, in the case of Hively v. Ivy Tech, the Seventh Circuit Court of Appeals held that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual orientation. The plaintiff, Kimberly
NJ Appeals Court Holds Unemployment Benefits Don’t Reduce Employment Discrimination Damages
Last month, the New Jersey State Appellate Division, in the case of Acevedo v. Flightsafety International, Inc., held that unemployment benefits received by a former employee cannot be used to reduce the amount of back pay the employee recovers in
SIX MAJOR RETAILERS TO STOP ON-CALL SHIFT SCHEDULING
Last week, New York Attorney General Eric Schneiderman along with attorneys general from seven other states announced that six major retailers, namely, Disney, Aeropostale, Carter’s, PacSun, Zumiez and David’s Tea, will stop scheduling employees for on-call shifts. This scheduling practice
BED BATH & BEYOND HIT WITH OVERTIME CLASS ACTION SUIT IN NEW YORK
Last month, a class action lawsuit was filed in New York federal court against Bed Bath & Beyond by department managers and assistant managers who claim that the Company failed to pay them overtime compensation pursuant to the Fair Labor
COURT RULES THAT PAID MEAL BREAKS CANNOT OFFSET UNPAID OVERTIME
Earlier this month in Smiley v. E.I. Dupont De Nemours & Co., the Court of Appeals for the Third Circuit ruled that employers cannot offset their obligation to pay overtime pay for hours worked in excess of 40 hours per
NEW JERSEY SUPREME COURT UPHOLDS $1.4 MILLION EMOTIONAL DISTRESS AWARD IN DISCRIMINATION CASE
Last month, the New Jersey Supreme Court upheld a $1.4 million jury award in emotional distress damages in a discrimination/retaliation case brought by two brothers, Ramon and Jeffrey Cuevas. The Cuevas brothers brought suit against their former employer, Wentworth Group,
NEW JERSEY JUDGE GRANTS FINAL CERTIFICATION IN ASSISTANT MANAGERS’ OVERTIME SUIT AGAINST OFFICE DEPOT
This week, New Jersey federal Judge William Martini granted final certification to a collective action against Office Depot on behalf of approximately 300 assistant store managers who claimed to have been denied overtime pay in violation of state and federal
LABORER’S NEW JERSEY WHISTLEBLOWER CLAIM NOT PREEMPTED BY FEDERAL LAW AND BELONGS IN STATE COURTS
Last week, the Supreme Court of New Jersey held that the state court had jurisdiction over a worker’s whistleblower lawsuit, rejecting the defendant’s argument that that National Labor Relations Board had jurisdiction. In this case, Plaintiff Salvatore Puglia worked as
WAHLBURGERS RESTAURANT CHAIN SUED FOR MINIMUM WAGE, OVERTIME AND TIP VIOLATIONS
On August 18, 2016, this law firm along with Pechman Law Group PLLC filed a wage and hour class action lawsuit involving over 100 employees in federal court against Wahlburgers restaurant chain located in Coney Island, New York. Wahlburgers is
THIRD CIRCUIT RULES TRUCK DRIVERS IN FRACKING INDUSTRY NOT EXEMPT FROM OVERTIME
The Third Circuit recently affirmed the decision of the district court which found that defendants, Fast Rig Support, LLC and First Americans Shipping and Trucking, Inc., did not prove that its truck drivers were exempt from overtime compensation under the