Wage Hour Law
Enforcing California’s Assembly Bill 5
We posted back in June of 2019 about the Dynamex case in California—now the California Attorney General and a coalition of city attorneys are suing Uber and Lyft, arguing that the rideshare companies continue to misclassify their drivers as independent contractors instead of employees, flouting the law. Assembly Bill 5 went into effect on January…
Read MoreWestern Express Case Update
On April 10, 2020 Judge Campbell issued an order denying the Defendants’ Partial Motions to Dismiss. The Court found that all of Plaintiffs’ claims in issue had “facial plausibility” because “the plaintiff plead[ed] facts that allow[ed] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” The Court’s decision…
Read MoreReport on Broadridge and TMG
We are appalled to learn of reports of unsafe working conditions these workers have endured. It is also alarming that many of the workers who are working under these conditions have been paid only the minimum wage and have experienced wage theft of even that meager wage. We represent truckers, health care workers, and workers…
Read MoreNew Case Filed on Behalf of Broadridge and TMG Workers.
On April 7, 2020, Getman, Sweeney & Dunn filed a class and collective action lawsuit on behalf of workers employed by Broadridge and TMG. The workers seek a remedy for violations of federal and state overtime and other wage and hour laws. See Broadridge and TMG Case Page #Overtime #FLSA #CARESAct #NYWageTheftPreventionAct #Fightingforworkers Photo…
Read MoreEmergency COVID-19 Paid Sick Leave for New Yorkers
Governor Cuomo has just signed a bill into law to ensure New Yorkers can take sick leave during the COVID-19 emergency. Your eligibility depends on the size of your company, your ability to work remotely, and a few other factors. See linked post for details.
Read MoreNY EMPIRE Act – Posted January 29, 2020
Yesterday, workers and lawmakers gathered in Albany to show support for New York’s EMPIRE Act. The “Empowering People in Rights Enforcement Worker Protection Act” was introduced as a bill to protect workers from wage theft. Corporations and employers use forced arbitration agreements to compel workers to waive their right to be heard by a judge…
Read MorePostmates Arbitration – posted January 15, 2020
Employers fight hard to enforce their arbitration provisions, until they realize it’s not really what they want. Over 5,200 people filed individual arbitrations against Postmates pursuant to their arbitration agreement that Postmates created. Just to cover the initial filing fees for the cases to begin would cost Postmates over $13 million, so it has now…
Read MoreAddressing Retaliation Concerns – Posted June 19, 2019
One of the most common questions we hear from people who want to bring a case or join an existing case is “can my employer come after me?” Section 15(a)(3) of the FLSA states that it is a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed…
Read MoreNew California Bill Poses Challenges to Gig Economy
California is on its way to passing a law that would more or less eliminate independent contractors, presenting a potentially major blow to the gig economy. In May 2018, the California Supreme Court issued a landmark decision in the Dynamex Operations West Inc. v Superior Court of Los Angeles case, finding that most workers are,…
Read MoreForced Arbitration – New Supreme Court Decision – posted May 10, 2019
The issue of forced arbitration continues to be a hot topic. In a recent decision in the Lamps Plus v. Varela case, the Supreme Court Ruled that under the Federal Arbitration Act, an ambiguous agreement cannot be interpreted to mean that the parties agreed to class arbitration. So what does this mean? Before this ruling,…
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