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September 2015 Archives

Uber Appeals Driver's Class Certification

This is a follow up on our previous post, "Attorney for plaintiffs in Uber employment misclassification suit seeks class-action status." On September 1, 2015, U.S. District Judge Edward M. Chen of the United States District Court for the Northern District of California issued an order certifying a class of California drivers who allege that Uber Technologies Inc. ("Uber") misclassified them as independent contractors.

Is your employer stealing from you?

In cities and towns across the United States, millions of Americans are barely getting by. For those individuals who earn minimum wage, every dollar must be budgeted and spent to afford basic necessities like housing, food, clothing and transportation. In cases where an individual is supporting a family, it requires a lot of ingenuity to stretch every dollar to make it until the next paycheck.

U.S. government wants Lance Armstrong's medical records turned over

From 1999 to 2005, cycling and sports enthusiasts around the world marveled at the physical abilities of the seemingly unbeatable Lance Armstrong. During these seven years, Armstrong and his cycling team dominated the sport and earned millions of dollars in prize money and endorsement deals. However, during the early 2000s, serious accusations and questions were raised about whether Armstrong and members of his "U.S. Postal Team used performance enhancing drugs during the 2000 Tour de France."

Two Producers Dismissed in "The Purge" Copyright Infringement Lawsuit

A 2014 lawsuit against Universal City Studios, United Talent Agency ("UTA"), and writer, James DeMonaco ("DeMonaco"), which was previously covered in our post, "'The Purge' Creators Sued for Copyright Infringement," has since survived several motions to dismiss. Recently, the screenwriter who alleged the horror film, "The Purge," plagiarized his script, Judge Michael W. Fitzgerald to reconsider his order that dismissed two of the film's producers from the suit.

Connecticut DOL investigation reveals that 92 percent of nail salons engage in wage theft

A May 7 New York Times expose last spring shed light on activities of rampant wage theft within the U.S. nail salon industry. Almost exclusively, the workers who are exploited are immigrants from Asian countries who speak little to no English and have little to no understanding about U.S. labor laws, especially those pertaining to wages.

Class-action lawsuit claims automakers knew about deadly defect

Aside from a home, for most people, a motor vehicle is the largest purchase they will ever make. Consumers who purchase a motor vehicle have the right to expect that a vehicle and all of its components have undergone and passed extensive safety tests and inspections. Despite this reasonable expectation which is fortified and enforced by consumer protection laws, in recent years, the number of recalls involving dangerous and defective motor vehicle parts has skyrocketed.

How the DOL's Overtime Rule Update Could Affect You

Following up on, "Helping Employees Address Wage and Hour Violations," posted here on August 13, 2015, we wish to examine the potential effects of the controversial update on the rule proposal to the Fair Labor Standards Act ("FLSA"). On September 4, 2015, the Department of Labor ("DOL") closed comments on its proposed update on overtime regulations. With thousands of comments ranging from enthusiastic encouragement to desperate pleads for the DOL to reconsider, people expect the rule to dramatically change the workforce and the business world.

TCPA: UnitedHealthcare case revival and FCC's new ruling

Advances in technology have made communication easier and more efficient. We have come a long way from pigeon messengers through the evolution of "snail" mail, faxes, and emails. And the easier it is to pass along information, the easier it is for businesses to solicit. While some people may not mind receiving sales calls, others view solicitations as an intrusion on their time and privacy. Luckily for those in the latter population, the Telephone Consumer Protection Act of 1991 ("TCPA") restricts telemarketing and the use of automated telephone equipment (artificial voice messages, SMS text messages, and fax machines) in several ways, including sending unsolicited advertising faxes.