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Employment Violations

Rite Aid Store

Rite Aid Corporation has agreed to settle a class action alleging that it violated the federal Fair Labor Standards Act (FLSA) and New York state law by not paying overtime to salaried store managers who worked more than forty hours in a week. 

Prudential Building

Prudential Financial, Inc. has agreed to settle a class action alleging that it violated the Fair Labor Standards Act (FLSA) in two ways. First, the complaint alleges that the company did not pay its agents overtime as required.

New American Airlines Logo

USERRA forbids “discrimination against persons because of their service in the uniformed services.” Among other things, it says that such a person “shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, … performance of service, … or obligation.” A “benefit” can mean “any advantage, profit, privilege, gain, status, account, or interest … that accrues” through a contract or employer policy, including rights and benefit under “a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.” However, the complaint claims that American Airlines denied plaintiff John E. Hoefert sick day and vacation day accrual and bonus payments while he was on military leave, even though employees who were on other kinds of leaves were permitted to have them.

XPO Truck

Are you a truck driver for XPO Logistics who is classified as an independent contractor, when you’re actually an employee?

New Northrop Grumman Plane

This settlement resolves class action litigation that has been pending since 2006, with a shifting group of defendants (currently, the Northrop Grumman Corporation Administrative Committees to the Northrop Grumman Savings Plan and Financial Security and Savings Program, the Northrop Grumman Corporation Investment Committees to the Northrop Grumman Savings Plan and Financial Security and Savings

Kenneth Cole Store

This settlement resolves a class action alleging that Kenneth Cole Productions violated the New York Labor Law by not paying interns at least minimum wages. 

IMG Logo

IMG has agreed to settle a class action alleging that it violated the New York Labor Law by not paying interns at least minimum wages. 

Uptown Communications Logo

Uptown Communications & Electric has agreed to settle a class action alleging that it did not pay its cable installers/technicians for all hours worked over forty each week, in violation of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).

Coal Mine

When Connie Gilbert began working for Consol Energy’s nonunion Buchanan Mine, the complaint for this class action says, she attended a group orientation that told new employees that if they worked for the company for ten years and reached the age of 55, they would receive retirement benefits for themselves and their spouses for life. Gilbert, who’d previous worked in a union mine, accepted these terms. In September 2014, she retired and began receiving retirement benefits. But, according to the complaint, in June of 2015—less than a year later—she received a letter telling her that her welfare benefits would terminate at the end of that year. The complaint contends that employees were repeatedly told about their “lifetime” benefits, to prevent them from taking offers of union or more lucrative jobs, and that the company should not now be pulling the benefits they earned with so many years’ employment.

Calendar

California’s labor laws require one day’s rest in each workweek. If an employee works on the seventh day, the laws require that the employee be paid at a time-and-a-half rate for the first eight hours of that day. Some employers are simply not bothering to comply with this law, and we’re currently investigating the possibility of filing class actions against them. However, the law is a little more complicated than it looks on the surface. For example, some positions are exempt from this law. Also, the period to be considered is not simply any seven-day period but the employee’s regular workweek.

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