NEXT
Sign in to follow

The Legal Intelligencer

The Obstacles to Private Resolution of FLSA Claims

A question that has bedeviled ­employers for decades: Can employers obtain a release of claims under the Fair Labor Standards Act (FLSA) in the absence of U.S. Department of Labor (DOL) or court approval? A recent decision in the U.S. District Court for the Southern District of New York, Gaughan v. Rubenstein, adds more fuel to the fire, ­dismissing a plaintiff's FLSA claims against Lee Rubenstein and holding that the ­plaintiff's "pre-litigation settlement agreement" released her FLSA claims, even without the imprimatur of the DOL or a court.
7 minute read

New York Law Journal

Gold v. N.Y. Life Ins. Co.

Arbitration of Disputes Cannot Be Compelled; Waiver of Collective Claims Violates NLRA
2 minute read

New York Law Journal

Panzeca v. Andreas Letkvosky Architecture, PC

NYC Human Rights Law Claims Dismissed; Triable Issues Raised Regarding Termination
2 minute read

Corporate Counsel

Burberry Workers' 30 Minutes Off the Clock Adds Up to $2.54M Settlement

A new wage-and-hour settlement between Burberry and a group of its workers contains some lessons for in-house attorneys.
4 minute read

New York Law Journal

Chan v. A Taste of Mao, Inc.

Failure to Sign Form Tantamount to Rejection Of Prior DOL Settlement in FLSA Wage Case
2 minute read

Daily Report Online

Stripper's Legal Settlement Worth Thousands of Lap Dances

A former exotic dancer at The Cheetah, Atlanta's iconic high-dollar strip club, settled two federal lawsuits with management for $110,000 and $18,050 in legal fees.
3 minute read

The Legal Intelligencer

Analyzing the Long-Awaitied 'Protz' Decision

English philosopher, John Locke, wrote in his Second Treatise of Government in 1689 that ­legislative authority consists of the power "to make laws, and not to make legislators." Considering the Pennsylvania Supreme Court felt compelled to include this quote at the beginning of its review of Protz v. Workers' Compensation Appeal Board (Derry Area School District), 124 A.3d 406 (Pa. Commw. 2015), it stands to reason that the court wanted to leave no doubt that the Pennsylvania General Assembly had, in fact, attempted to make legislators out of the members of the American Medical Association when the General Assembly authored Section 306(a.2) of the Workers' Compensation Act. As is well known by now, Act 57 of 1996 amended the Workers' Compensation Act in an attempt to join the wave of jurisdictions that were appealing to The American Medial Association Guides to the Evaluation of Permanent Impairments (The AMA Guides) to limit workers' rights. The problem in Pennsylvania has been that the amendments called for reliance on "the most recent edition" of the AMA Guides in performing impairment rating evaluations (IREs). The Supreme Court has finally weighed in on the matter and found that the Pennsylvania legislature attempted to pass off to another body de facto control over matters of policy in violation of Article II Section 1 of the Pennsylvania Constitution.
13 minute read

New York Law Journal

Aleksanian v. Cuomo

Former Drivers' Title III Violation Claims Mooted By DOL Finding Uber Paid Them as Employees
3 minute read

New York Law Journal

Landi v. 341 Hancock LLC

Spread-of-Hours Pay Claim Is Dismissed; Illegal Wage Kickback, Other Claims Stated
3 minute read

The Recorder

Uber Gets Red Light in Bid to Settle Drivers' Wage Claim

In its attempt to settle wage claims affecting more than 1 million of its drivers, Uber just slid off the road. At a hearing on Friday, a Los Angeles judge tentatively rejected a $7.75 million settlement that would have resolved claims that its drivers have been misclassified under California law as independent contractors, rather than employees. At a hearing on Friday, lawyers for both Uber and the plaintiffs in the case vehemently fought back against Los Angeles Superior Court Judge Maren Nelson's concerns that the deal might have been the result of collusion.
5 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • Why Embracing Change Is Essential for Your Legal Department

    Brought to you by DiliTrust

    Download Now

  • International Export and Trade Assistance State Law Survey

    Brought to you by LexisNexis®

    Download Now

  • How This Personal Injury Firm Reduced Client Intake Time by 80%

    Brought to you by PracticePanther

    Download Now

  • The Hidden Cost of Bad Reviews: Why Law Firms & Attorneys Can't Afford a Damaged Online Reputation

    Brought to you by Erase.com

    Download Now