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Modeling agency didn’t misclassify ‘fit’ model as contractor, advances breach of contract counterclaim

March 19th, 2018

By Marjorie Johnson, J.D.
A “fit” model who had the freedom to choose which clients to work with and for what amount of pay was not misclassified as an independent contractor, a federal court in New York ruled in tossing her FLSA and New York wage law claims against the modeling agency with whom she had [Read more...]

$45M settlement of equal pay suit against Family Dollar Stores gets final approval

March 19th, 2018

By Lorene D. Park, J.D.
In a long-running and hard-fought class action claiming that Family Dollar Stores paid female store managers less than their male counterparts for the same work, a federal court in North Carolina granted final approval of a $45 million settlement agreement. The settlement includes attorneys’ fees of one-third of the common fund [Read more...]

Overtime was essential job function and inability to work it doomed disability claims

March 16th, 2018

By Brandi O. Brown, J.D.
Although there was some evidence to support a former delivery driver’s claims of disability discrimination and retaliation based on his medical condition and use of leave, a federal district court in Texas ruled that his resulting inability to work overtime would make it impossible for him to prevail on any of [Read more...]

$25K OSHA repeat violation penalty upheld after worker injured in excavation cave-in

March 16th, 2018

By Kathleen Kapusta, J.D.
Denying a construction company’s petition for review of a final order of the Occupational Safety and Health Review Commission, which affirmed a citation for a repeat violation of an excavation standard and assessed a $25,000 penalty, the Second Circuit found the Commission did not improperly shift the burden of proof, nor did [Read more...]

Claim for commissions revived over whether contract modification communicated to sales rep; FMLA claims fail

March 16th, 2018

By Nadine E. Roddy, J.D.
Discharged for dishonesty while out on leave, a steel sales rep failed to show that his employer’s proffered reasons for his termination—that he had misled a customer and then lied about it—were pretextual, thus defeating his FMLA and ADA claims, the Tenth Circuit held in a nonprecedential opinion. However, on his [Read more...]