In many industries, it's customary for employers to require employees to sign some sort of non-compete agreement. Such agreements are intended to protect an employer’s business interests, proprietary information and to guard against competition. While, depending on the industry and specific company, non-compete agreements may vary in subject matter and scope; all must meet certain legal requirements.
Let's be honest, no one wants to or enjoys paying taxes. That being said, the penalties exacted by the U.S. government against tax dodgers are stiff and include hefty fines, criminal charges and time behind bars. Despite the high stakes imposed upon those who are charged with tax crimes, hoping to fly under the Internal Revenue Service's radar, every year U.S. citizens and companies alike engage in questionable or illegal activities to avoid paying their fair share of taxes.
Class action litigation in Connecticut and all other jurisdictions is well suited to achieving effective and widespread relief for large groups of employees who have been impacted similarly. Employee complaints against employers for matters dealing with wages, hours and discriminatory practices are in fact often pursued within the format of a class action. Where many employees suffer the same or similar effect from a discriminatory or improper employment practice, the class action can save substantial resources by obtaining relief for all affected employees in one representative action.
When it comes to our nation's defense, the government bears no expense which is to the ultimate benefit of not only the U.S. public, but also to thousands of military contractors.
In a previous post, we discussed arbitration clauses that prevent consumers from joining in a class action lawsuit. This post will focus on arbitration agreements that prevent employees from joining in a class action against their employer.
For the first time, the Third Circuit Court of Appeals adopted a test to determine whether or not a meal break is compensable under the Fair Labor Standards Act ("FLSA"), our nation's federal wage and hour legislation.
Recently, in a multidistrict litigation, SMX LLC ("SMX"), one of the staffing agencies that was sued along with Amazon.com, LLC ("Amazon") as joint employers, agreed to settle its claims for $3.7 million that alleged that SMX failed to pay workers for time spent going through anti-theft screening. In re: Amazon.com Inc., Fulfillment Center Fair Labor Standards Act (FLSA) and Wage and Hour Litigation, No. 3:14-md-02504 (W.D. Ky. 2014). The class includes employees who were hired by SMX and worked at an Amazon warehouse in California from October 1, 2012 until the present. Although the settlement will resolve most of the California workers' claims, some remain, including claims against Amazon affiliate, Golden State FC LLC.
In a recent blog post, we began discussing the numerous lawsuits being waged against Tyson Foods related to allegations that the company continues to violate provisions of the Fair Labor Standards Act and engage in time-keeping practices which essentially amount to wage theft. We began discussing the 2007 lawsuit which was filed by some 3,000 low-income workers from one of the company's food processing plants who were granted class action status in their battle to recover wages which they assert the company failed to pay them.
There is power in numbers and that's one of the main reasons why the preservation of class action lawsuits among wronged employees is so important. Collectively, employees who are granted class action status have a much louder voice than any one or handful of employees acting alone.
From a very young age, we're all taught important lessons related to being able to discern right from wrong and fair from unfair. We're taught that telling lies, cheating and treating others unfairly is wrong and that, in everything we do, we should consider how our actions affect the lives of others.