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Showing 5 posts from July 2013.

Eighth Circuit: Undocumented Restaurant Workers were Entitled to FLSA Protection

—In a decision issued on July 29, 2013, the Eighth Circuit Court of Appeals became the second federal circuit to find that the Fair Labor Standards Act’s minimum wage protections extend to undocumented workers, such that those workers can file wage claims and recover damages. Addressing the issue in the shadow of a 2002 U.S. Supreme Court decision that denied similar awards for back pay to undocumented workers under the National Labor Relations Act, the panel of Eighth Circuit judges refused to extend that case’s reasoning. “The FLSA does not allow employers to exploit any employee’s immigration status,” the judges concluded, “or to profit from hiring unauthorized aliens in violation of federal law.” More ›

It’s just Lunch Agrees to pay $900,000 to Settle Discrimination Suit

The dating service It’s Just Lunch USA, LLC (“It’s Just Lunch”) will pay $900,000 to settle a suit alleging that the company discriminated against men.

The announcement of the settlement comes just 10 days after the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a complaint against the Hallendale Beach-based company in a Florida federal court. More ›

District Manager Correctly Classified as Independent Contractor … not an Employee

Barger & Wolen Secures Appellate Ruling

Insurance District Manager Correctly Classified as an Independent Contractor … Not an Employee

By Royal F. Oakes and Michael A.S. Newman

The California Court of Appeal for the Second Appellate District (Division Three) recently issued its ruling in Beaumont-Jacques v. Farmers Group, Inc., et al., affirming the trial court’s determination on summary judgment that Appellant Erin Beaumont-Jacques, a former District Manager for five affiliated insurers (“Farmers”) was an independent contractor, not an employee. The case has been certified for publication.

The authors of this article represented Farmers in this case both at the trial court and the appellate level. More ›

Retaliation Under Title VII must be Proven Under Traditional “But For” Causation Doctrine

Where a person seeks compensation for injury resulting from wrongful conduct, there must be a demonstrated connection between the wrong alleged and the injury — i.e., causation. The default rule, developed in connection with tort law, is that the plaintiff must show “the harm would not have occurred” in the absence of the wrongful conduct. This is also known as the “but for” causation standard. More ›

Surprise Announcement from Treasury Department Delays Employer ‘Pay or Play’ Mandate for One Year

On July 2, 2013, the Treasury Department announced a one-year delay in several aspects of the Affordable Care Act that were to become effective on January 1, 2014. Among those items that are delayed are various employer and insurer reporting requirements under sections 6055 and 6056 of the Act, as well as the penalties imposed on large employers for failing to offer coverage. More ›