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Court approval not required for pre-litigation settlement to release FLSA claims

July 14th, 2017

By Robert Margolis, J.D.
A federal district court in New York has held that a pre-litigation settlement purporting to release an employer “from any and all claims and rights of any nature whatsoever” effects the release of FLSA claims even without district court or DOL approval. The court held that Cheeks v. Freeport Pancake House, Inc., [Read more...]


NLRB: Lacrosse officials were employees, not independent contractors, of interscholastic athletic association

July 14th, 2017

By Ronald Miller, J.D.
Lacrosse officials were employees of the Pennsylvania Interscholastic Athletic Association, Inc. or PIAA, ruled a divided three-member panel of the NLRB, in a 2-1 decision. The Board found that PIAA controlled the manner of work performed by officials; that the officials performed their work in the name of PIAA, and PIAA had [Read more...]


Grubhub delivery driver avoids summary judgment on employee status

July 13th, 2017

By Ronald Miller, J.D.
Grubhub was unable to dismiss on summary judgment a suit brought by a former delivery driver who claimed that he was an employee of the online food delivery service, not an independent contractor. Using California’s multi-faceted employment test, a federal district court in California concluded there was sufficient indicia of an employment [Read more...]


Challenges to ACA final rule involving gender identity halted while HHS reconsiders rulemaking

July 13th, 2017

By Tulay Turan, J.D.
The Department of Health and Human Services (HHS) has been granted a stay on proceedings involving a final rule it issued pursuant to the Patient Protection and Affordable Care Act (ACA) that prohibits discrimination on the basis of “gender identity” and “termination of pregnancy.” Staying the case and resuming consideration of all [Read more...]


Employer gets stay of class action pending Supreme Court class action waiver review

July 13th, 2017

By Ronald Miller, J.D.
Concluding that it would be inefficient to proceed to the certification stage in this case until it could be resolved regarding whether employees of certain nonparty entities were properly part of a putative class, and whether alleged arbitration agreements were enforceable, a federal district court in California granted an employer’s motion to [Read more...]