Employment Class Action

Second Circuit to weigh in on future of class actions

The Second Circuit’s recent decision to hear an appeal from workers who claim a trial judge misapplied the U.S. Supreme Court’s Comcast ruling when it rejected their bid for class certification gives the appeals court a chance to raise the bar for wage-and-hour plaintiffs and add to a body of recent rulings that limit workers’ ability to pursue class actions.

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Unpaid interns are employees

A Federal District Court judge in Manhattan ruled on Tuesday that Fox Searchlight Pictures had violated federal and New York minimum wage laws by not paying production interns, a case that could upend the long-held practice of the film industry and other businesses that rely heavily on unpaid internships.

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Coyote Ugly overtime class action getting ugly

An overtime class action is grabbing headlines across the nation over claims of unpaid overtime and alleged illegalities involving tip pools, but also with regard to sensational claims appearing in social media, related to the case.  The lawsuit has its roots in Nashville, but encompasses the laws of many states given the national status of the lawsuit, which involves current and former employees of the Coyote Ugly chain nationwide.

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Drug maker paid men more than women according to class action lawsuit

Current and former pharmaceutical sales workers at Daiichi Sankyo Co. Ltd.’s U.S. unit on Monday brought a $100 million sex discrimination class and collective action against the drugmaker, saying they were paid less than male colleagues for doing the same work. The six women say in their suit, filed in California federal court, that they seek to represent a class of several hundred female sales representatives from the Tokyo-based company in order to end a

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Merrill Lynch settles overtime class action

Merrill Lynch has agreed to create a $12 million fund to settle a class action lawsuit alleging it didn’t properly pay overtime to employees who provide support services for brokers.  The court for the Southern District of New York must still approve the settlement, which was announced in a filing Friday. Merrill Lynch is the retail brokerage unit of Bank of America Corp. The lawsuit, which was filed in June 2011, alleged that Merrill Lynch

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Loan officers overtime class action certified against PNC Bank

An Ohio federal judge recently granted class status to mortgage loan officers who allege PNC Bank NA improperly denied them overtime pay, and will allow the current and former employees to search for additional class members. U.S. District Judge Algenon L. Marbley determined that the named plaintiffs and their 45 opt-in class members have met the burden to secure conditional class status in the Fair Labor Standards Act suit, despite PNC’s claims that the named

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Hewlett-Packard sued in employment class action

A class action lawsuit has been filed against Hewlett-Packard Company (HP) alleging the Palo Alto-company did not accurately classify its technical support staff as exempt and did not compensate them for all overtime hours worked in breach of federal overtime regulations.  HP staffs several thousand technical support workers through many of its acquired subsidiaries like Autonomy, Palm, Electronic Data Systems (EDS), 3Com, ArcSight, and 3PAR. 

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Rite Aid Corp. settles assistant store manager overtime class action

Rite Aid Corp. has agreed to pay $20.9 million to settle Fair Labor Standards Act class claims lodged by assistant store managers across the country who claimed they were wrongfully classified as overtime-exempt.  The proposed settlement is an omnibus settlement that marks the end of several years of dogged litigation – literally coast to coast from Portland, Maine to Portland, Oregon. Steve Larson, a shareholder at Stoll Berne, represented Donna Garcia from Bend, Oregon, who

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Warehouse workers petition to add Wal-Mart as defendants in wage theft lawsuit

Attorneys representing workers in Wal-Mart warehouses today announced the filing of a motion to add the retail giant as a defendant in an ongoing federal wage theft lawsuit. If successful, the motion would advance efforts by organized labor to punish Wal-Mart for alleged rampant abuses, and to establish its responsibility for the actions of its contractors and subcontractors in California and elsewhere.

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ConocoPhillips agrees to pay $15.5m to resolve meal break class action

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 California federal court Monday.  The plaintiffs — the United Steelworkers Union and three workers — urged the court to grant preliminary approval to the deal, which comes after more than four years of litigation and

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