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In misclassification suit, FedEx drivers rely on NY ‘Fair Play Act’ to state claim

December 8th, 2016

By Dave Strausfeld, J.D.
In a suit alleging they were misclassified as independent contractors, FedEx delivery drivers relied on a recent New York statute that was passed expressly to force package delivery companies to classify delivery truck drivers as employees. FedEx argued that the Commercial Goods Transportation Industry Fair Play Act, which went into effect in [Read more...]


Student athletes not employees entitled to minimum wage under FLSA

December 8th, 2016

By Ronald Miller, J.D.
Former members of the University of Pennsylvania’s women’s track team were not employees of the university under the FLSA, and so were not entitled to be paid minimum wage for their work performed as student athletes, ruled the Seventh Circuit in affirming dismissal of their claims. Applying the economic realities test, and [Read more...]


Sexist remarks, porn at work may violate Title VII; ‘blue collar’ no excuse

December 7th, 2016

By Lorene D. Park, J.D.
Evidence that a female employee in a male-dominated workplace was repeatedly called “b*tch,” was exposed to daily sexist remarks (including that she didn’t know what she was doing because she is a woman), and was subject to materials with sexual overtones, including candy breasts and pornography, prompted a federal court in [Read more...]


Walmart to pay $7.5M to resolve class suit over denial of benefits to same-sex spouses

December 7th, 2016

Walmart Stores, Inc., will pay $7.5 million to resolve a suit by an employee who claimed the retail giant refused to provide the same health insurance benefits to her same-sex spouse that it extends to opposite-sex spouses, even after the Supreme Court’s landmark United States v. Windsor decision that invalidated the Defense of Marriage Act’s [Read more...]


Did employer file trade secret suit against former employee for revenge?

December 6th, 2016

By Dave Strausfeld, J.D.
It was at least plausible that a homebuilding company filed a trade secret suit against a former employee mainly for revenge, held a federal district court in New Jersey, denying a motion to dismiss his counterclaims for tortious interference, abuse of process, and defamation. Although the suit accused the employee of “stealing” [Read more...]