Posts Tagged ‘class action’

Oct
2016
5

Highway Robbery: Latest Trucker Misclassification Class Action Ruling Goes Workers’ Way

Highway Robbery: Latest Trucker Misclassification Class Action Ruling Goes Workers' Way
  A federal judge in New Jersey has given the green light to a class action lawsuit alleging employee misclassification. The lawsuit, brought by eight National Freight Inc. (NFI) delivery truck drivers, accuses the logistics company of misclassifying drivers as independent contractors despite maintaining complete control over the...
Sep
2016
1

9th Circuit Joins 7th: Employees Cannot Be Asked to Waive Right to Class or Collective Litigation

9th Circuit Joins 7th: Employees Cannot Be Asked to Waive Right to Class or Collective Litigation
  The Ninth Circuit Court has joined the Seventh Circuit and the National Labor Relations Board (NLRB) in finding that arbitration agreements restricting employees’ legal recourse are in violation of the National Labor Relations Act (NLRA). In the case of Morris v. Ernst & Young, LLP, the Ninth Circuit ruled that an employer...
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Jun
2016
7

7th Circuit’s Pro-Worker Forced Arbitration Ruling Undermined by Latest 8th Circuit Decision

7th Circuit's Pro-Worker Forced Arbitration Ruling Undermined by Latest 8th Circuit Decision
  Late last month, the Seventh Circuit Court ruled against forced arbitration clauses as terms of employment in Lewis v. Epic Systems.  The case was monumental as it broke precedent with previous decisions allowing companies to implement brutally anti-worker policies.  The decision was a victory for workers and protected collective action....
Jun
2016
1

Class Act: Big 7th Circuit Court Decision Protects Workers from Predatory Arbitration Clauses

Class Act: Big 7th Circuit Court Decision Protects Workers from Predatory Arbitration Clauses
  The Seventh Circuit Court has ruled that workers cannot be prohibited from bringing class action lawsuits against their employers, even if they signed a “forced arbitration clause” as a term of their employment.  The decision is the result of a case against medical software company Epic Systems, which forced its employees to sign over...
May
2016
2

Class Action Status, Settlement Granted in Latest Case of H-2b Visa Abuse, This Time in PA

Class Action Status, Settlement Granted in Latest Case of H-2b Visa Abuse, This Time in PA
  A lawsuit involving 94 H-2b visa holders who worked for an eastern Pennsylvania landscaping company has reached conditional certification of the settlement class, as well as a settlement.  According to the lead plaintiff, Rogelio Ortega Hernandez, Earth Care Inc. and its owners Scott and Kim Risbon failed to properly pay their temporary...
Apr
2016
8

$187M Walmart Class Action Upheld; Precedent Strong for Paid Rest Breaks When Mandatory

$187M Walmart Class Action Upheld; Precedent Strong for Paid Rest Breaks When Mandatory
  The United States Supreme Court has refused to hear the appeal of Wal-Mart Stores Inc. v Michelle Braun, a class action lawsuit which the retail giant was ordered to pay $187.6 million in backpay for rest breaks and off-the-clock work that the company’s policy mandated.  The court decision is a victory for workers, but [&hellip...
Jul
2015
28

Another KS Court Rules In Favor of Misclassified FedEx Drivers; 19 Class Actions Pending

Another KS Court Rules In Favor of Misclassified FedEx Drivers; 19 Class Actions Pending
  The Seventh Circuit Court of Appeals has ruled in favor of 500 drivers in Kansas who sued FedEx in 2003 claiming they were misclassified as independent contractors. The decision upholds a ruling from the Kansas Supreme Court which found that the drivers met the state’s 20-point test to determine their employment status under the [&hellip...
Dec
2013
4

Appeals Court Deals Setback to Workers, Will Allow Waiving of Employee Workplace Grievance Rights

  By a 2-1 decision, the Fifth Circuit of the United States Court of Appeals issued a ruling Tuesday allowing employers to waive workplace grievance rights via class action lawsuit.  The decision reverses a National Labor Relations Board decision which found such agreements conflicted with federal law.  The decision is a victory for...