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Orin Kurtz Speaks at ABA Employment Rights & Responsibilities Committee Midwinter Meeting

On March 20, 2014, I had the pleasure of speaking about employment class actions at the ABA Employment Rights & Responsibilities Committee Midwinter meeting in Cabo San Lucas, Mexico. I spoke ...
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Beware of Arbitration Clauses and Class Action Waivers

If your employer presents you with a contract or employee handbook that has an arbitration clause and class action waiver, be very careful about signing or accepting. These clauses can prevent you ...
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Apple Store Workers File FLSA Class Action Over Unpaid "Personal Package and Bag Searches"

On July 25, 2013, two employees of Apple, Inc. who worked as hourly employees at Apple Stores in California and New York, filed a nationwide Fair Labor Standards Act collective action against Apple. ...
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Employee Does Not Have to Produce Facebook Posts in Action for Missed Meal Breaks

One of the first things I tell my clients is: Don't post anything about your job, your case, or your employer on Facebook or any other social media site, and don't write any posts during ...
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Ohio District Court Grants FLSA Conditional Certification

In Ribby v. Liberty Healthcare, a federal judge in Ohio granted the plaintiff's motion for "conditional certification" under the Fair Labor Standards Act ("FLSA"). The ...
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Judge Determines that FedEx Drivers Are Employees and not Independent Contractors

On July 3, 2013, a federal judge in Massachusetts determined that former FedEx pick-up and delivery drivers were misclassified as independent contractors. This decision was rendered under a ...
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Court Sets Limits on Who Can Share in Tip Pools

On June 26, 2013, the New York Court of Appeals made two important pronouncements about tip pooling. To summarize, the Court said: (1) Employees who have some managerial responsiblity may share in a ...
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