“Freelance Isn’t Free” Act Signed into Law

November 16, 2016

With overwhelming support from the New York City Council, Mayor Bill de Blasio signed into law the “Freelance Isn’t Free” Act which provides extensive rights to the freelancers who help keep NYC running strong. The Act signifies a major change in how independent contractors will be treated by providing them certain protections previously extended only to employees. The Act requires written agreements between freelancers and the entities that engage them for services worth $800 or more.... [...]

FedEx to Pay $15.4 Million to Settle Drivers’ Class Action

October 23, 2016

The Oregon Federal District Court approved a $15.4 million settlement in which FedEx will pay $500 to over $100,000 to approximately 400 delivery drivers. FedEx drivers filed suit in 2005 alleging that the company misclassified them as independent contractors and failed to pay overtime and other wages. The case is part of a larger series of lawsuits filed by FedEx drivers in about 40 states that were consolidated for MDL proceedings in the Northern District of Indiana. The settlement comes... [...]

45 Days Until FLSA Overhaul Takes Effect

October 17, 2016

The Final Overtime Rule takes effect on December 1, 2016, and extends overtime protection to 4.2 million employees who are currently deemed exempt under the FLSA. The Final Rule more than doubles the qualifying salary threshold for the Executive, Administrative or Professional (“EAP”) exemptions to overtime. The Final Rule also updates the salary levels of employees deemed exempt under the Highly Compensate Employee (“HCE”) exemption to equal the 90th percentile of full-time salaried... [...]

Third Circuit Declares: Paid Meal Breaks do NOT offset Overtime

October 10, 2016

The Third Circuit unanimously reversed a district court’s decision that allowed an employer to use paid bona fide meal time to offset unpaid overtime. Three DuPont employees sued the Pennsylvania manufacturing plant for unpaid overtime under the FLSA because the employer failed to compensate them for donning and doffing time and for time spent on “shift relief,” i.e. sharing information with incoming shift employees at the end of their shifts. The district court acknowledged that... [...]

Walmart Must Pay $16.2 Million in Gender Discrimination Trial

September 19, 2016

A New Hampshire District Court denied Walmart’s bid for a new trial and instead awarded Plaintiff, Maureen McPadden, $16.2 million for her state and federal gender discrimination, wrongful discharge, and retaliation claims. McPadden v. Wal-Mart Stores East, L.P., No. 14-cv-475, 2016 U.S. Dist. LEXIS 126789, at *3 (D.N.H. Sept. 16, 2016). This came after a jury awarded Ms. McPadden over $31 million, including $15 million in punitive damages, which was later cut to the statutory maximum of... [...]

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