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Employees who won overtime lawsuit limited to liquidated damages under NYLL, no double recovery under FLSA

October 3rd, 2018

By Marjorie Johnson, J.D.
Restaurant employees who successfully litigated their minimum wage and overtime claims under the FLSA and New York Labor Law (NYLL) were properly awarded only NYLL liquidated damages, the Second Circuit ruled, relying on its recent holding in Rana v. Islam that double recovery was not available under the FLSA. Concurring, Judge Guido [Read more...]


EEOC establishes strip club’s Title VII liability for disparate treatment of black exotic dancers

October 3rd, 2018

By Kathleen Kapusta, J.D.
Granting the EEOC’s motion for summary judgment as to liability, a federal court in Mississippi found no material issues remained regarding whether the complainants, a class of black female exotic dancers who worked at Danny’s Downtown Cabaret, were subjected to disparate terms and conditions of employment, including a black dancer quota. Accordingly, [Read more...]


European parent company that urged firing of older ‘unattractive’ female CFO was joint employer

October 3rd, 2018

By Lorene D. Park, J.D.
Refusing to dismiss age and sex discrimination claims against a U.S. employer and its European parent company, a federal court in New York found that a female CFO who was allegedly viewed as unattractive and heavyset by owners of the European parent company plausibly alleged a joint employment relationship based on [Read more...]


Municipality’s right-to-work ordinance preempted by NLRA

October 2nd, 2018

By Ronald Miller, J.D.
The authority conferred under Section 14(b) of the NLRA, which permits states to bar compulsory union membership as a condition of employment, did not extend to the political subdivisions of states, ruled the Seventh Circuit. In so ruling, the appeals court affirmed the judgment of a district court which held that an [Read more...]


Alleged harassment in 2014 linked to intimidation in 2017 so continuing violations doctrine applies

October 2nd, 2018

By Lorene D. Park, J.D.
The Chicago Fire Department’s response to alleged sexual harassment by a fire department employee that began in 2014 with text messages, emails, and a Facebook post; took a break in 2015 when the harasser and target worked in different locations; and then started up again in 2016 when the department transferred [Read more...]