Illinois Federal Court Permits Biometric Privacy Case To Proceed

Randi Klein Hyatt
Randi Klein Hyatt
06/18/2018
Employers of all sizes attempt to balance the need for accountability in timekeeping and having employees accurately report their hours worked with respect for employees’ privacy.  To accomplish these goals in the era of modern technology, in addition to unique computer login information for individual workstations and employer-issued computers, some employers use other state-of-the-art technology such as fingerprint scanning systems. A recent...
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Uber Driver Must Ride Solo: Class Action Waiver Enforced Post Epic Systems

Randi Klein Hyatt
Randi Klein Hyatt
06/08/2018
On May 21, the Supreme Court issued its decision in Epic Systems Corp. v. Lewis, which we previously discussed at length.  That case, which upheld class action waivers in favor of individual arbitration, forces Gustavo Camilo to individually arbitrate his claim that Uber illegally charged him and other drivers a workers' compensation fee. Just a little more than one week after the Epic Systems decision, the trial judge in Camilo v. Uber Techs....
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Supreme Court Upholds Individual Arbitration Clauses In Employment Contracts

Mandatory arbitration clauses in employment contracts are increasingly a fact of workplace life.  What happens, though, when an employee signs an employment agreement requiring that any job-related disputes be submitted to individual arbitration, rather than class- or collective-action lawsuits?  Do longstanding federal labor laws protecting workers’ right to engage in “concerted activities for the purpose of . . . mutual aid or protection”...
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Target Finally Moving Out Of The Cross-Hairs Of Criminal History Hiring Discrimination Lawsuit

Target has quite the bill to pay.  As a result of alleged discriminatory hiring practices, premised upon Target's use of criminal background screening in a manner that had a disproportionate impact on minorities, Target Corp. will pay $3.74 million, and give priority hiring opportunities to black and Latino job applicants, to resolve claims that its criminal background check policy illegally excluded thousands of minority applicants from employment...
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Seventh Circuit Sides with NLRB on Arbitration Agreements, Creates Circuit Split

Randi Klein Hyatt
Randi Klein Hyatt
06/02/2016
In a surprising decision for atypically business-friendly appellate court, the United States Court of Appeals for the Seventh Circuit has sided with the National Labor Relations Board’s position that a mandatory agreement requiring employees to waive the right to bring a class or collective action in arbitration violates the National Labor Relations Act (NLRA).  Lewis v. Epic Systems Corporation, No. 15-2997 (7th Cir. May 26, 2016). Epic...
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Tyson Foods Loses FLSA Class Action, But May Be Able to Carve Up Damages Award

Kollman & Saucier
Kollman & Saucier
04/06/2016
Class-action lawsuits are typically viewed as high-risk, high-reward endeavors.  In its recent decision in Tyson Foods, Inc. v. Bouaphakeo, the Supreme Court pointed out both sides of this double-edged sword in the context of a unpaid overtime claim under the Fair Labor Standards Act (FLSA).  577 U.S. ___ (2016). Federal Rule 23 permits parties to bring lawsuits as a class of people, rather than as individuals, if certain requirements are met. ...
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Fourth Circuit Orders Racial Class Action Claim at Steel Plant to Proceed

Nearly eight years after the lawsuit was first filed, the Fourth Circuit ordered in Brown v. Nucor Corporation that workers claiming systemic racial discrimination in a South Carolina steel plant’s promotion decisions be permitted to proceed as a class action. The Nucor steel plant in South Carolina employs just over 600 workers in six production departments. There were a total of 71 black employees at the plant, but only one black supervisor. In...
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The Next Big Supreme Court Labor & Employment Class Action Case May Be Here

Randi Klein Hyatt
Randi Klein Hyatt
12/18/2014
On Monday, Pennsylvania’s highest court affirmed a $188 million award against Wal-Mart and Sam’s Club (collectively “Wal-Mart”) in a class action encompassing almost 187,000 employees who worked for Wal-Mart between 1998 and 2006. Braun v. Wal-Mart Stores, Inc., No. 32 EAP 2012 (Pa. Dec. 14, 2014). Employees were awarded back pay, because the retail giant promised them paid breaks but required them to miss or work through them and to work...
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More Than A Dollar: $2.3 Million Settlement Between Family Dollar Stores And Nearly 500 Employees

Bernadette Hunton
Bernadette Hunton
11/07/2014
On October 30, 2014, a Colorado federal court judge granted final approval of a $ 2.3 million settlement between the “Everything’s a Dollar” retail giant and a class of 488 current and former store managers who claimed they were misclassified as exempt employees and denied overtime pay in violation of state law. Under Colorado law, executive or supervisory employees are exempt from overtime pay if they supervise two or more full-time...
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