“In today’s ever-increasing digital world, more employers than ever are turning to telecommuting to help reduce overheard and increase morale of employees. Importantly, however, state and federal laws apply equally to employers and employees, regardless of whether they work on-site or remotely. Among the most common issues and missteps which affect employers with telecommuting employees…
“For the second time in less than six months, the EEOC finds itself on the wrong side of a lawsuit. On November 4, 2013, the State of Texas sued the EEOC in the Northern District of Texas seeking declaratory and injunctive relief against the EEOC for issuing its 2012 arrest and conviction guidance (the “2012…
“In the United States, Facebook likes are protected by the first amendment. Liking something on Facebook is the same as using your right to free speech to actually say, “I like this.â€Â  That means that employers should think twice before firing employees over something they “likeâ€. This is what we learned from a federal court…
“Last week an Oregon jury awarded an individual plaintiff over $18 million in compensatory and punitive damages in what some sources have reported to be the first jury verdict in a case brought under the Fair Credit Reporting Act (“FCRAâ€), 15 U.S.C. § 1681a(c). The plaintiff, Julie Miller, discovered problems with her credit report in…
In the decision, Judge William H. Pauley III ruled that Fox Searchlight should have paid two interns on the movie “Black Swan,†because they were essentially regular employees.
The judge noted that these internships did not foster an educational environment and that the studio received the benefits of the work. The case could have broad implications. Young people have flocked to internships, especially against the backdrop of a weak job market.
Employment experts estimate that undergraduates work in more than one million internships a year, an estimated half of which are unpaid, according to Intern Bridge, a research firm.
“Employers have already started to take a hard look at their internship programs,†said Rachel Bien, a lawyer for the plaintiffs. “I think this decision will go far to discourage private companies from having unpaid internship programs.â€
Chris Petrikin, a spokesman for 20th Century Fox, said: “We are very disappointed with the court’s rulings. We believe they are erroneous, and will seek to have them reversed.â€
Eric Glatt and Alexander Footman, production interns on “Black Swan,†sued Fox Searchlight in September 2011. In the suit, Mr. Glatt and Mr. Footman said they did basic chores, usually undertaken by paid employees. Like their counterparts in other industries, the interns took lunch orders, answered phones, arranged other employees’ travel plans, tracked purchase orders, took out the trash and assembled office furniture.
“I’m absolutely thrilled,†said Mr. Glatt, who has an M.B.A. from Case Western Reserve University. “I hope that this sends a very loud and clear message to employers and to students doing these internships, and to the colleges that are cooperating in creating this large pool of free labor — for most for-profit employers, this is illegal. It shouldn’t be up to the least powerful person in the arrangement to have to bring a lawsuit to stop this.â€
In the ruling, the judge said unpaid internships should be allowed only in very limited circumstances.â€
A California judge has handed down a decision that could have been very costly for clothing retailer Wet Seal. The company is facing a wage and hour action that accuses it of not reimbursing its employees properly for out-of-pocket expenses. The judge declined to allow this case to be certified as a class action. Had…
A judge in Santa Barbara, CA has ordered the Boy Scouts of America to hand over the last 20 years’ worth of confidential files, detailing allegations of sexual abuse by Scout leaders around the nation. Historically, Scout officials have resisted releasing the estimated 5,000 files, which have been kept since the 1920’s and are known…
A federal judge in Connecticut has refused to dismiss a lawsuit alleging that Yale University wrongly confirmed a fake doctorate degree that resulted in a South Korean University losing tens of millions of dollars and damaging its reputation. In their 2008 lawsuit, Buddhist-affiliated Dongguk University in Seoul claims that it hired art history professor Shin…
The Plaintiffs in a class action lawsuit against Domino’s Pizza will continue on after a Maryland federal court denied Domino’s motion to dismiss the case. The federal lawsuit alleges that Domino’s Pizza conducted background checks on Applicants that did not comply with the legal requirements of the Fair Credit Reporting Act (FCRA). The lawsuit claims that Domino’s ran background…
When a company hires over 1,000 new employees over a period of three years, and none of them are women, there is likely something suspicious. Mavis Discount Tire, which owns Cole Muffler, and has 130 locations across the Northeast, is allegedly guilty of exactly that, and The Equal Employment Opportunity Commission is now suing the…
Contact Us!
