News

LGBTQ Rights Not Adversely Impacted by Supreme Court’s Masterpiece Cakeshop Decision

June 04, 2018

On June 4, 2018, the United States Supreme Court delivered its much-anticipated decision in Masterpiece Cakeshop Ltd., et al. v. Colorado Civil Rights Commission, et al.  In an extremely narrow ruling, the Supreme Court held that Masterpiece Cakeshop did not have to pay penalties for refusing to prepare a wedding cake for a same sex couple. It is crucial to note that the Supreme Court did not rule on the question of whether the bakery, or any private business, may deny services to same-sex [...]

New York Court Reaffirms Employees’ Rights to Seek Class-Wide Relief for Wage Violations, Regardless of Immigration Status

May 17, 2018

On May 17, 2018, Justice Jeffrey Brown of the New York State Supreme Court for Nassau County shot down an argument that the plaintiffs, who were former employees of the defendants, could not pursue a class action to recover unpaid wages because it was supposedly “patently obvious” that the plaintiffs lacked proper immigration documentation. Specifically, in Molina, et al. v. Two Bros. Scrap Metal, Inc., et al., Justice Brown held that, even if the defendants were correct about the [...]

Supreme Court of California Expands Definition of “Employees” Who Are Protected by Wage Laws

April 30, 2018

On April 30, 2018, the Supreme Court of California, the highest court in the State, reached a landmark decision for hourly workers.  In Dynamex Operations West, Inc. v. Lee, the Court denied Dynamex’s appeal of the lower court’s order, which certified a class of delivery drivers who Dynamex argued were independent contractors, and therefore not entitled to the protection of certain wage laws.  This decision is a huge victory for California workers who are classified as mere [...]

Cocktail Server Illegally Fired From NYC’s Ascent Lounge

April 26, 2018

On Thursday, April 26, 2018, the National Labor Relations Board ruled in favor of a New York City cocktail server fired two days after complaining at a staff meeting about the wage practices and working conditions at the upscale Ascent Lounge.  The Board agreed with an administrative law judge-finding that the timing of the server’s termination, soon after the staff meeting in which she complained, was suspicious and evidence of the employer’s animus towards the server for voicing [...]

California Class Action Arbitration Agreement Found Unconscionable

April 25, 2018

California workers obtain a substantial victory as the California Second Appellate District found arbitration agreements, signed by over one hundred employees in the wake of a coworker initiating a wage-and-hour class action, to be procedurally and substantially unconscionable.  The Court held that “the language of the provision and the circumstances under which it was presented to putative class members rendered it unfair, one-sided, and substantively unconscionable.”. Specifically, [...]

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