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$13.5M settlement of OT claims against Duane Reade gets final approval, with one exception

May 15th, 2017

By Marjorie Johnson, J.D.
Potentially ending over six years of contentious litigation, a federal court in New York granted final approval of a $13.5 million deal settling wage-and-hour class and collective claims brought on behalf of Duane Reade assistant stores managers who claimed they were deliberately misclassified as exempt “executives” in order to be denied overtime [Read more...]

Wastewater lab supervisor’s complaints that colleague monkeyed with tests not protected speech

May 15th, 2017

By Brandi O. Brown, J.D.
A lab supervisor for a wastewater treatment plant who was fired after complaining that another supervisor tampered with test materials and results had the dismissal of his First Amendment retaliation claim affirmed after the Sixth Circuit concluded that the concerns he raised were not protected by the First Amendment. Considering his [Read more...]

FedEx may have violated USERRA 12-month look-back pension contribution calculation rule

May 12th, 2017

By Lorene D. Park, J.D.
Because a FedEx employee’s hours varied from week to week and he often worked overtime, USERRA required FedEx to use a 12-month look-back rule to determine the proper pension contribution for his periods of military service. Finding a triable question on whether FedEx’s calculation was inconsistent with USERRA’s terms—it estimated the [Read more...]

Talk about Muslim worker’s hijab, Arab terrorists helps revive hostile environment claim

May 12th, 2017

By Kathleen Kapusta, J.D.
Observing, as did the court below, that the evidence in this case is “right on the knife’s edge” of either granting summary judgment or allowing the case to go to the jury, the Second Circuit in an unpublished decision revived the Title VII claim of a former Astoria Bank employee who alleged [Read more...]

As many 12 consecutive days of work OK under California day of rest laws

May 11th, 2017

By Brandi O. Brown, J.D.
Answering questions certified to it by the Ninth Circuit, the California Supreme Court provided clarification for employers and employees with regard to the application of California’s day of rest statutes. The court explained that under the statutes it is possible, albeit unlikely, for an employee to work as many as 12 [Read more...]