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Wal-Mart asset protection coordinators lose class cert bid

May 22nd, 2015

By Brandi O. Brown, J.D.
A putative class of Wal-Mart asset protection coordinators who alleged that they were misclassified as exempt employees and did not receive overtime or minimum wages as a result will not be able to pursue their claims as a class, a federal district court in California ruled, concluding that individual issues predominated [Read more...]

$25M is UPS cost of alleged late federal package delivery cover-ups

May 22nd, 2015

UPS has agreed to pay $25 million to resolve allegations that it submitted false claims to the federal government for delivery of Next Day Air overnight packages. The Atlanta-based package delivery company purportedly concealed the fact that it had not met its delivery guarantees and, as a result, federal agencies were deprived of their ability [Read more...]

Replacing fired older worker with two younger ones doesn’t help employer’s RIF defense

May 22nd, 2015

By Joy P. Waltemath, J.D.
Evidence that a fired employee was replaced, first by a 27-year old who took over her job duties and, after she was terminated, by an additional employee who was also substantially younger, was enough to survive summary judgment, said a federal district court in Illinois, even though her employer claimed it [Read more...]

Class of employees of McDonald’s franchisee certified in challenge to use of payroll card

May 21st, 2015

By Ronald Miller, J.D.
A Pennsylvania Court of Common Pleas certified a class of employees of a McDonald’s franchisee in their lawsuit alleging the employer violated Sec. 260.3 of the Pennsylvania Wage Payment and Collection Law by mandating that employees receive payment of their wages via a payroll card. The court found that the plaintiffs established [Read more...]

Supervisor threats after sexual advances rejected are part of timely quid pro quo claim

May 21st, 2015

By Lorene D. Park, J.D.
Rejecting an employer’s argument that an employee’s Title VII sexual harassment claims were untimely because the last sexual advance at issue was more than 300 days before she filed her EEOC charge, a federal court in Pennsylvania noted that her supervisor threatened her job when she said she would report his [Read more...]