The U.S. Dept. of Labor has announced it will use a new seven-factor test for deciding whether an internship position qualifies for an unpaid status under the minimum wage provision in the federal Fair Labor Standards Act. The guidelines shift the focus from whether the intern is the primary beneficiary of the relationship to whether… Continue reading Do New Labor Dept Rules Signal the Return of the Unpaid Internship?
One of the dark secrets of Big Law (firms with more than 1,000 lawyers) is that they have a whole contingent of lawyers all across the country who are not part of the firm per se and do lots of the grungiest of the grunge work of the legal world: Document Review. The glut of… Continue reading Big Blow to Big Law: “Doc Review” Is Not “Practice of Law” Making Overtime Rules Applicable
In a case that may be shocking to many folks (but not lawyers in the employment litigation field) NY Southern District Judge Kevin Castel last week ruled that an unpaid intern could not sue her employer under NYC Human Rights Law because she was not an “employee” under the law. This discrepancy’s not new. It… Continue reading Unpaid Intern Cannot Sue for Sexual Harassment: NYFed Court
A few days ago, two interns who had worked at NBC Universal filed a Federal lawsuit against the company claiming that NBC violated the Fair Labor Standards Act by failing to pay them any wages during their respective internships. One plaintiff, Jesse Moore, interned at MSNBC in 2011; the other, Monet Eliastam interned at Saturday… Continue reading Flood of Internship Lawsuits Continues with Case Against NBC
In a case that establishes the potential results of violating State wage and hour laws, refinery workers have reached a $15.5 million deal to resolve their class action against ConocoPhillips Co. that accused the company of failing to provide them with meal breaks during which they were relieved of all duties, the plaintiffs told a… Continue reading No Such Thing as a Free Lunch: ConocoPhillips to pay $15.5 Million to Settle Meal Break Lawsuit
Federal courts are seeing a wave of Wage Claim Litigation under the Fair Labor Standards Act (FLSA) as lawyers for workers get more aggressive in light of stronger Federal and State wage and hour rules. Car washes, restaurants and supermarkets are particularly facing a barrage of challenges brought by their workers revolving around tip claims,… Continue reading Defending Wage Claims Gets More Complicated With NY Ruling
Looks like upscale NYC Chinese restaurant, Chin Chin, may be headed for an “X” rating instead of its current “A” from the NYC Dept. of Health if a former worker’s allegations are borne out! A former bartender filed a Federal lawsuit last week alleging that kitchen workers repeatedly harassed her by flashing penis-shaped dumplings at… Continue reading Restaurant Workers Suit: I Was Harassed By Dumplings!
In any case anybody hasn’t been paying attention, Federal and State Departments of Labor (DOL) have been hitting restaurants for Fair Wage Claims very aggressively in 2011. Trust me, it won’t slow down in 2012. Yesterday’s Newsday reported that the Federal DOL had reached a settlement with over 30 restaurants totaling $2.3 Million in claims.… Continue reading Feds Hit Long Island Restaurants Hard for Fair Wage Claims
In May of this year, NY Federal Judge Richard Howell dealt a huge blow to famed restauranteur Mario Batali and his partner Joseph Bastianich by granting class action certification to a lawsuit filed by about a dozen or so employees of their famed eateries. The Wage and Hour lawsuit makes several claims against the pair… Continue reading Lawsuit Against Mario Batali’s Restaurants Heating Up