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Jackson Lewis Class Action Trends Report deep-dives into minimum wage claims

November 16th, 2017

“Rare indeed is the employer that is unaware most employees must be paid at least an hourly wage that does not fall below a minimum rate set by law. Equally rare is the employer that, cognizant of this mandate, deliberately flouts it. More commonly, employers faced with the complexities of the state and federal laws [Read more...]

Bus driver failed to show severe obesity was disability under the ADA

November 16th, 2017

By Kathleen Kapusta, J.D.
Because a Chicago Transit Authority bus driver who weighed over 500 pounds offered no evidence of any underlying physiological disorder or condition that caused his severe obesity, a federal district court in Illinois denied his motion for partial summary judgment on the issue of whether his obesity constituted a disability under the [Read more...]

HR VP fired for ‘racially charged’ Trump tweet still gets unemployment benefits

November 16th, 2017

By Joy P. Waltemath, J.D.
Agreeing with a state unemployment compensation review board that a fired HR VP’s tweet did not violate her employer’s social media policy, a Pennsylvania state court held that her tweet was not willful misconduct under state law. Although the tweet said “I am the VP of HR in a comp outside [Read more...]

Despite complaints about quality of internship, student not employee entitled to pay

November 16th, 2017

By Ronald Miller, J.D.
Although a student complained about the quality of an internship and did not receive course credit or a refund of tuition, the Second Circuit, in an unpublished decision, nevertheless found that the factors outlined in Glatt v. Fox Searchlight Pictures, Inc., weighed in favor of finding that she was an intern, not [Read more...]

Justices won’t consider challenge to Illinois collective bargaining law for home care providers

November 15th, 2017

On November 13, the Supreme Court denied a June petition for certiorari seeking review of a Seventh Circuit decision upholding provisions of the Illinois Public Labor Relations Act (IPLRA) granting collective bargaining rights to home-based personal assistants and daycare providers paid through the state’s Home Services Program (HSP) and Child Care Assistance Program (CCAP). Had [Read more...]