Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Andrea M. Kirshenbaum | July 28, 2017
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.
By newyorklawjournal | New York Law Journal | July 25, 2017
Arbitration of Disputes Cannot Be Compelled; Waiver of Collective Claims Violates NLRA
By newyorklawjournal | New York Law Journal | July 20, 2017
NYC Human Rights Law Claims Dismissed; Triable Issues Raised Regarding Termination
By Stephanie Forshee | July 20, 2017
A new wage-and-hour settlement between Burberry and a group of its workers contains some lessons for in-house attorneys.
By newyorklawjournal | New York Law Journal | July 18, 2017
Failure to Sign Form Tantamount to Rejection Of Prior DOL Settlement in FLSA Wage Case
By R. Robin McDonald | July 14, 2017
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.
By Christian Petrucci | July 14, 2017
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.
By newyorklawjournal | New York Law Journal | July 12, 2017
Former Drivers' Title III Violation Claims Mooted By DOL Finding Uber Paid Them as Employees
By newyorklawjournal | New York Law Journal | July 3, 2017
Spread-of-Hours Pay Claim Is Dismissed; Illegal Wage Kickback, Other Claims Stated
By Amanda Bronstad | June 30, 2017
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.
Presented by BigVoodoo
The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.
Consulting Magazine identifies the best firms to work for in the consulting profession.
Yardi is a global software company providing innovative property management solutions and services in every real estate market. We are focus...
Jaffe Glenn Law Group, P.A. is a Boutique Wage and Hour Litigation law firm. Candidates should have 2-3 years litigation experience. The ex...
McHenry & Horan, P.C. is a legacy medical malpractice defense firm with offices in Uniondale, NY. We are well respected for our expertis...
