Posts Tagged ‘wage and hour suits’

Labor and employment law roundup

  • Arbitrator: felonious Montgomery County, Maryland cops should keep disability pay [Examiner] “Cop who took naked photos of rape victim can keep pension” [NY Post] Cop who pepper-sprayed UC Davis protesters is still on job, and maybe that’s how they’d have it [Radley Balko]
  • “Billions in retroactive liability” in pharma detailer wage/hour action before SCOTUS [Marcia Coyle, NLJ] And USA Today chose a faulty “worker discontent” theme on wage/hour case, since as class actions these suits are lawyer-driven;
  • Australia: “Worker injured during sex gets compensation payout” [News.com.au]
  • “Courts are finally starting to apply ADAAA—and it ain’t pretty” [Jon Hyman] ADA: “Judge Rules In Favor of Fired Employee With Bipolar Disorder” [ABC]
  • NLRB goes after Hyatt on employee handbook language [Gary Shapiro, Examiner] Union claims Indiana right-to-work law violates Thirteenth Amendment ban on slavery [James Sherk, NRO]
  • EEOC: sex discrimination law bars bias against transgender employees [AP, Hyman] “EEOC Obtains Substantial Settlement in Obesity Discrimination Suit” [Disabilities Law]
  • Law journal prediction: adherents of racism will claim Title VII protection [Lawrence D. Rosenthal, Temple L. Rev. via Workplace Prof]

Labor and employment roundup

“Employers grow reluctant to offer internships following complaints”

Gee, thanks, lawsuit-filers: “Internships can be the key to the start of a successful career, but the positions are getting harder to find because a lot of employers are now nervous to offer them.” [KHOU] A New York attorney has filed a much-publicized series of suits seeking class action status to represent unpaid interns at organizations including Harper’s Bazaar magazine and the Charlie Rose show. [Atlantic Wire]

Relatedly or otherwise, a federal judge has dismissed the class action filed by social activist Jonathan Tasini alleging that the Huffington Post was violating the rights of its unpaid bloggers by basing a profitable media platform on their work. [Reuters, AP]

Labor and employment roundup

Annals of wage and hour law

New York’s notoriously stringent Department of Labor has fined a pizza shop owner $5,535 for not giving his employees enough polo shirts to wear — at least five for those who work five days a week, even if they work only a few hours a day. Owner Christian King

was told that an appeal would take years due to the backlog and the fine would accrue with interest….

“What happened to him is not unusual,” agreed Richard De Groot, a Syracuse consultant who advises businesses — including King’s — on human resource issues. He represents employers across much of the Eastern Seaboard and says New York is unusually demanding.
“There is so much in the way of state rules and laws,” he said, adding that he would advise some businesses, such as manufacturers, to simply look to elsewhere.

[Albany TImes-Union via Stoll]

Employment law roundup

Labor and employment law roundup

  • “Off-clock work: Flintstone laws in a Buck Rogers world” [Robin Shea] “NY Times offers unpaid internships after reporting on their questionable legality” [Poynter]
  • Walker labor reforms in Wisconsin get results [Christian Schneider: City Journal, NY Post] “Watch the Walker recall election” [John Steele Gordon, Commentary]
  • No prize for spotting fallacy: complaints that too many Europeans are collecting state disability payments construed as “demonizing disabled people” [Debbie Jolly, ENIL]
  • “What could be worse than a self-righteous TSA agent? Answer: A TSA agents’ union advocate.” [Ken, Popehat]
  • “Why Mitt Romney likes firing people” [Suzanne Lucas]
  • Free speech and union dues: Tim Sandefur on the oral argument in Knox v. SEIU [PLF Liberty Blog] More: Jack Mann, CEI.
  • My book on employment and labor law, The Excuse Factory, is alas still not available in online formats but you might find a bargain on a hardcover [Free Press/Simon & Schuster]

Synagogue youth workers wage-hour suit

“A youth group adviser from California has brought a class-action suit against her employer, the Orthodox Union. …Her complaint states that in addition to her ‘nine-to-five’ duties of teaching classes, meeting with students and co-workers, cooking for holiday meals and running programs, she also had students at her house on Friday nights, Saturdays and Sundays. She had to make herself constantly available to students and their parents by phone and e-mail, and she worked around the clock while chaperoning Shabbatons and trips.” Overtime was not paid for these duties as legally required, her lawyer says. [JTA via Helfand/Prawfs; related on scope of “ministerial exception” in employment law]

Labor and employment law roundup

  • Ohio vote looms on Wisconsin-style public labor reform [NRO Corner, Columbus Dispatch, Atlantic Wire, Buckeye Institute “S.B. 5”, Brian Bolduc/NRO]
  • Florida lawmaker proposes leave for some employees with domestically abused pets [Eric Meyer]
  • UK proposal: let employers have frank talks with underperforming workers without fear of liability [Telegraph]
  • “Wisconsin legislation could restrict punitive damages for job bias” [AP]
  • No, your mover can’t enter the building: a Chicago lawyer encounters union power [Howard Foster, Frum Forum] An insider’s game: “Two teachers union lobbyists teach for a day to qualify for hefty pensions” [Chicago Tribune]
  • Alternatively, we might just want to go back to freedom of contract: “An employer’s bill of rights” [Hyman]
  • Michael Fox on “Healthy Workplace Act” proposal creating rights to sue over on-job bullying [Jottings]
  • Feds put employer use of “independent contractors” under microscope [Omega HR] FLSA risks to employer of using unpaid interns [SmartHR]
  • A bit of health care deregulation from Obama [Tyler Cowen] Related on nurse practitioners: [Goodman]