September 22, 2020
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Courtroom Strategy by Attorney Oscar Michelen
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Employment Law

Big Boost to Employers: 5-4 SCOTUS Upholds Arbitration Clauses in Employment Agreements

May 21, 2018 Oscar Michelen 1

Giving employers a significant win, a sharply divided Supreme Court upheld the right of employers to include arbitration clauses in their employment agreements that seriously curtail employees’ ability to file class actions and pursue court claims for wage and hour violations. The case was closely watched by advocates on both sides of the issue as […]

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Employment Law

Big Blow to Big Law: “Doc Review” Is Not “Practice of Law” Making Overtime Rules Applicable

July 23, 2015 Oscar Michelen 0

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 […]

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Constitutional Law

Conde Nast Ends Internship Program Over Lawsuits: Let the Blame Game Begin!

October 23, 2013 Oscar Michelen 0

Condé Nast, the publishing giant, has decided to discontinue its vaunted internship program following a class-action lawsuit filed by two former interns saying that they were paid less than $1 dollar an hour, according to an article in Women’s Wear Daily yesterday. Back in June, Condé Nast, which owns and operates popular and influential magazines […]

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Criminal Law

Unpaid Intern Cannot Sue for Sexual Harassment: NYFed Court

October 11, 2013 Oscar Michelen 0

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 […]

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Employment Law

Flood of Internship Lawsuits Continues with Case Against NBC

July 10, 2013 Oscar Michelen 1

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 […]

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Fair Labor/Wage and Hour

No Such Thing as a Free Lunch: ConocoPhillips to pay $15.5 Million to Settle Meal Break Lawsuit

December 19, 2012 Oscar Michelen 2

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 […]

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Fair Labor/Wage and Hour

Defending Wage Claims Gets More Complicated With NY Ruling

August 9, 2012 Oscar Michelen 0

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, […]

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Fashion Law

Lawsuit By Former Intern Against Harper’s Bazaar Over Lack of Payment

February 13, 2012 Oscar Michelen 0

According to her complaint, Xuedan Wang interned at Harper’s Bazaar from August 2010 through December 2011 for 40-55 hours per week and went unpaid. On February 1, 2012, she filed a lawsuit against The Hearst Corporation (the fashion glossy’s publisher) accusing them of violating state and federal wage and hour laws by not paying her […]

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Fair Labor/Wage and Hour

Feds Hit Long Island Restaurants Hard for Fair Wage Claims

December 1, 2011 Oscar Michelen 0

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. […]

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