» class action

16
March
2020

Trump administration continues to eliminate work protections – but advocates for workplace fairness fight back

The National Labor Relations Board (“NLRB”) once again and recently changed its standard to favor employers over employees. Specifically, the NLRB adopted a new rule to make it more difficult to prove that affiliated companies share culpability f… Read More
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01
May
2019

Slim Supreme Court majority again uses arbitration clauses to thwart robust enforcement of workplace rights

Five Justices of the Supreme Court reversed both the District Court and the Court of Appeals in Lamps Plus, Inc. v. Varela to rule that the right to pursue class action claims through arbitration must be clear. In Lamps Plus, an employee (Mr. Frank V… Read More
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01
May
2018

Politicized Supreme Court, by a slim majority, again sides with corporations

By a 5-4 margin, the United States Supreme Court opted to deviate from over 70 years of clearly established legal precedent to make it more difficult to hold employers accountable for wage theft. In that case, Encino Motocars, LLC v. Navarro, the 5-p… Read More
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05
February
2018

The handouts for corporations continue

After pushing through a tax law that will cause a dramatic transfer of wealth to the richest individuals and largest corporations, the Trump administration is now evidently seeking to take more money out of the pockets of ordinary Americans. In parti… Read More
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01
January
2018

Federal tax “reform” will deform the economy and undercut workplace rights and other core protections

Without any public hearings, Congress rushed to pass a tax “reform” law that will likely cause the largest redistribution of wealth in the nation’s history. In particular, tax rates for country’s most wealthy individuals and corporations will… Read More
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01
December
2016

Accountability for corporate gamesmanship

One of the most recognized corporate actors nationally and internationally, McDonald’s, Inc., has agreed to pay nearly $4 million to settle a class action wage case concerning the conduct of a McDonald’s, Inc. franchisee. This result is groundbre… Read More
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19
September
2016

Another tool to combat rampant employee misclassification

The National Labor Relations Board (“NLRB”) has joined an array of enforcement agencies in cracking down on the misclassification of employees as purported independent contractors. In a recently issued Advice Memorandum, the NLRB General Counsel… Read More
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19
May
2016

New overtime rule benefits millions of employees

On May 18, 2016, the United States Department of Labor announced formal adoption of the updated rule regarding overtime pay. This important development in employment law automatically extends pay protections to several million workers within the next… Read More
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01
February
2016

Defendant gamesmanship curtailed in employment, civil rights, and consumer protection cases

Contrary to its typical approach in recent years, the Supreme Court ruled in a way that enhances enforcement activity in employment, civil rights, and consumer protection cases. Until this Supreme Court decision, in Campbell-Ewald Co. v. Gomez, defen… Read More
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01
September
2015

Converging efforts to shut down the corporate shell game

As the economy has become more globalized and volatile, a growing number of companies have sought to minimize liabilities while maximizing profits by using the corporate form to create supposed separation between closely related entities. This “sep… Read More
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