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New York

Merrill Lynch trainee OT suit could become class action

05/06/2015
Two participants in Merrill Lynch’s management development program are suing the firm, alleging they were not paid for overtime they worked during the intensive training period.

Retaliation claim needn’t be written or to DOL

05/06/2015

Employers aren’t supposed to retaliate against employees who file wage-and-hour complaints against their employers. For quite some time now, there has been confusion over two things: first, whether the employee has to make a written complaint, and second, whether the complaint has to be made to a governmental agency like the Department of Labor. Now the 2nd Circuit Court of Appeals, which covers New York employers, has settled the issue.

Judge nixes online notice of Gawker suit settlement

04/06/2015
Traditionally, plaintiffs learn by mail about their potential membership in a class-action lawsuit. Reaching mobile millennials may require a different tack.

Supreme Court creates new pregnancy discrimination framework

04/06/2015
The Supreme Court ruled on March 25 that a pregnant UPS employee who was denied a light-duty position is entitled to a new trial. The Court’s framework for pregnancy discrimination cases allows employees who show that an employer policy that creates a “significant burden” for pregnant employees violates the Preg­­nancy Dis­­crimi­­na­­tion Act.

DOL wins in Supreme Court, readies new white-collar OT rules

04/06/2015
The Department of Labor (DOL) has been in the news lately, with a big win in the U.S. Supreme Court and word that it will soon—finally—release new proposed overtime regulation for white-collar employees.

Waste company can’t make workers pay for truck damage

04/06/2015
Three Middletown-based trash hauling businesses have settled with a labor union that says its members were wrongly made to pay for damage to garbage trucks.

Bloomberg News faces reporter’s charges of pregnancy bias

04/06/2015
A former Washington political correspondent for New York-based Bloom­­berg News claims the company fired her because of her pregnancy. She filed the charges with the D.C Superior Court, alleging that management’s attitude changed toward her after she announced it.

‘Volunteers’ referred from courts aren’t employees

04/06/2015
Here’s some good news for nonprofit employers using individuals referred from the court system for community service credits. They’re not employees and therefore you aren’t obligated to pay them under the FLSA for the ‘work’ they do.

What doesn’t count as reverse discrimination

04/06/2015
A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision isn’t enough to support a reverse discrimination claim.

Shouting match over name-calling: That’s not protected activity

04/06/2015
Typically, protected activity involves going to the HR office or a supervisor and reporting harassment, discrimination or other perceived illegal treatment. For example, an employee who discovers a racial slur on the bathroom wall may report that to HR and that’s protected activity. But what if the employee, instead of going through channels, responds directly to the co-worker making a comment or caught writing graffiti?