It was recently reported that actress Charlize Theron was able to negotiate a $10 million pay raise for her work in the movie “Snow White and The Huntsman”, in order to put her pay on par with that of her co-star Chris Hemsworth. This information was apparently revealed as a result of the Sony email…
Read More Equal Pay: Not Just For CelebritiesHere is the complaint, filed in the Southern District of New York on Jan. 30, 2015 and assigned index number 15-cv-00688, alleging various claims – namely, pregnancy discrimination, gender discrimination, sexual harassment, national origin discrimination, race discrimination, and retaliation – against Mergermarket.
Read More Lawsuit: Sexual Harassment (etc.) at “Boys Club” MergermarketWhat is “work”? In Gibbs v. City of New York (SDNY Jan. 23, 2015), the court held that plaintiffs’ required attendance at alcohol treatment and counseling sessions was not compensable “work” within the meaning of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. Plaintiffs were identified by their employer (the NYPD) as…
Read More Employer-Mandated Alcohol Counseling is Not “Work” Under the FLSA, Court HoldsIn Gayle v. Harry’s Nurses Registry, Inc., 594 F.App’x 714 (2d Cir. 2014) (Summary Order), the court held that the plaintiffs were indeed employees, and not independent contractors. The decision is instructive as to the factors bearing on that analysis. Plaintiffs, a class of nurses, sued to recover unpaid overtime under the Fair Labor Standards…
Read More Nurses Were Employees, Not Independent Contractors, Court HoldsThe U.S. Supreme Court held, in Integrity Staffing Solutions, Inc. v. Busk (Dec. 9, 2014, Justice Thomas) that the time spent by Amazon.com warehouse workers undergoing anti-theft security screening before leaving the warehouse each day is not compensable time under the federal Fair Labor Standards Act (FLSA). In sum: [A]n activity is integral and indispensable to the principal activities…
Read More Amazon.com Security Checks Not Compensable Time, Supreme Court HoldsPerhaps this is the new frontier of employment law: punishing plaintiffs’ lawyers for daring to assert claims on behalf of their clients. In a recent complaint, prominent NYC plaintiffs’ lawyer Douglas Wigdor asserts that SoulCycle banned him after he sued the company (on behalf of a client) for violations of the New York Labor Law and…
Read More Plaintiffs’ Lawyers: The New Protected Class?In EEOC v. Port Authority, decided 9/29/14, the Second Circuit provided guidance on the level of specificity necessary to survive a motion to dismiss a claim under the Equal Pay Act of 1963, 29 U.S.C. 206(d). This case began with a charge of discrimination filed by a female Port Authority attorney, and led to an investigation…
Read More Failure to Allege Facts Concerning Attorneys’ Job Duties Results in Dismissal of Equal Pay Act ClaimHere and below is the complaint filed in Brooklyn federal court on September 15, 2014 against a Queens and Long Island medical practice known as DocCare and its CEO Alan Bigman. Here’s the New York Post article on the lawsuit. Plaintiff, who worked for defendants as a medical assistant, alleges that defendant failed to pay plaintiff for…
Read More Plaintiff Sues for Wage/Overtime Violations After Being Fired, Ostensibly Because of Instagram Smoking PhotoIn Chiaramonte v. The Animal Medical Center, the Southern District of New York recently held that plaintiff successfully pleaded – “by a very narrow margin” – claims under the federal Equal Pay Act and its New York equivalent. In this case, Plaintiff alleges in the Amended Complaint that she, in addition to serving as a…
Read More Female Veterinarian Plausibly Alleges Equal Pay Act ClaimsHere’s the recently-amended class-action sexual harassment lawsuit, Sanz et al v. Johny Utah 51 LLC et al., 14-cv-04380, filed by several employees against western-themed bar Johnny Utah’s. It also contains claims of wage violations under the FLSA and New York Labor Law. NY Post coverage here. Specifically, it alleges that “[b]y intentionally using the ramped…
Read More Sexual Harassment Lawsuit Against Johnny Utah’s