Blog Posts in 2013
Posted on Sep 16, 2013 By Orin Kurtz
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 ...
Continue reading "Beware of Arbitration Clauses and Class Action Waivers" »
Posted on Jul 31, 2013 By Orin Kurtz
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. ...
Continue reading "Apple Store Workers File FLSA Class Action Over Unpaid "Personal Package and Bag Searches"" »
Posted on Jul 25, 2013 By Orin Kurtz
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 ...
Continue reading "Employee Does Not Have to Produce Facebook Posts in Action for Missed Meal Breaks" »
Posted on Jul 18, 2013 By Orin Kurtz
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 ...
Continue reading "Ohio District Court Grants FLSA Conditional Certification" »
Posted on Jul 9, 2013 By Orin Kurtz
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 ...
Continue reading "Judge Determines that FedEx Drivers Are Employees and not Independent Contractors" »
Posted on Jun 26, 2013 By Orin Kurtz
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 ...
Continue reading "Court Sets Limits on Who Can Share in Tip Pools" »