Co-authored by Gerald L. Maatman, Jr. and Scott Velasquez
Today Judge Colleen McMahon of the U.S. District Court for the Southern District of New York gave final approval to a $175 million settlement of a gender discrimination class action in Velez v. Novartis Pharmaceuticals Corp., Case No. 04-9194 (S.D.N.Y.). The settlement benefits a class of more than 6,000…
Co-authored by Rebecca P. Bromet and Jennifer A. Riley
On November 18, 2010, Interfaith Worker Justice (IWJ) sponsored a National Day of Action to raise the profile of “wage theft” — the practice of illegally underpaying or failing to pay workers. More than 35 groups across the country held events as part of IWJ’s National Day of Action, including…
Continue Reading IWJ Sponsored A National Day Of Action To Raise Profile Of “Wage Theft”
Co-authored by Christopher J. DeGroff and Brandon L. Spurlock
The EEOC just published its FY 2010 statistics. Its FY 2010 Performance and Accountability Report is dated November 15, and was posted on line at the EEOC’s website this week. View Report.
The EEOC report demonstrates that more employment discrimination charges are being filed against employers. The EEOC had the highest…
Continue Reading The EEOC’s FY 2010 Report Confirms The Agency’s New Direction
Co-authored by Rebecca S. Bjork and Gerald L. Maatman, Jr.
On November 19, 2010, the U.S. District Court for the Southern District of New York approved the settlement of claims of over 10,000 workers against New York City and its contractors over the workers’ exposure to toxic debris during the cleanup of the World Trade Center disaster site following the…
Continue Reading Responder Worker September 11 Class Action Settlement Becomes Effective
Co-authored by Lorie Almon and Dana Howells
In the 24/7 healthcare industry, thirty-six hour workweeks comprised of three 12-hour shifts are popular with nurses – more free time, ability to pick up additional shifts, and less time spent commuting are some of the advantages. Different pay for different shifts – more desirable versus less desirable – is commonplace, and it…
Continue Reading Ninth Circuit Finds Shift Pay Flexibility Under Fair Labor Standards Act
Co-authored by Lorie Almon and Gerald L. Maatman, Jr.
A recent New York Times article is creating a buzz in the class action world – the article discusses the phenomenon of how private third parties (such as banks, financers, and lenders) are “investing” in plaintiffs’ class action firms relative to the prosecution of class actions. The “smells like raw tuna”…
Continue Reading Private Third-Party Financing Of Class Actions
Co-authored by Camille Olson and Gerald L. Maatman, Jr.
Paycheck Fairness Act did not survive a Senate vote today. Senate Republicans filibustered the bill and Democrats fell two votes short of the 60 needed to put it to an up-or-down vote.
As reported in our blog in a previous post, the plaintiffs’ class action bar is focusing on creation…
Co-authored by Christopher J. DeGroff and Laura J. Maechtlen
On November 4, 2010, Judge Elaine Bucklo of the U.S. District Court for the Northern District of Illinois ordered Kable News Company to respond to a wide ranging EEOC subpoena over stiff resistance by the Company, view ruling. The EEOC sought nearly three years of detailed, Company-wide employee…
Continue Reading EEOC Granted Wide Latitude in Age Subpoena Enforcement
Co-authored by Camille Olson and Gerald L. Maatman, Jr.
The plaintiffs’ class action bar is focusing on creation of new theories to attack pay and promotion decision-making by employers. One area of focus is a new legislative proposal that would transform class action litigation in this context based on the Paycheck Fairness Act (reintroduced in the Senate on September 14…
Continue Reading The Proposed Paycheck Fairness Act – A Potential New Class Action Exposure
Co-authored by Dana Howells and Jennifer Riley
On November 8, 2010, the Ninth Circuit – in DeLodder v. Aerotek, Inc., Case No. 10-80178 (November 8, 2010) – agreed to hear a discretionary appeal of the denial of a class certification order in overtime litigation involving 700-plus Aerotek recruiters. Plaintiffs seek unpaid overtime and California Labor Code penalties for missed…
Continue Reading Ninth Circuit To Review Class Certification In Key Administrative Exemption Case
