Employment Law

10/09/2014

Private Attorneys General Act Lawsuits Not Precluded by Arbitration Clauses

Audet & Partners, LLP reports that a new opinion issued by a California appellate court has revived employment claims brought by a workers under the California Private Attorneys General Act ("PAGA") despite the fact that the worker had signed a mandatory arbitration agreement in connection with her employment.  Reyna Marie Ybarra v. Apartment and Investment Management Co., case number B245901, in the Court of Appeal of the State of California, Second Appellate District. Ms. Ybarra had brought a lawsuit in California in... Read More
07/02/2013

Dollar General Employment Class Action

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Audet and Partners, LLP has filed a class action against Dollar General Corp. (“Dollar General”) in the United States District Court for the Middle District of Tennessee, Case No. 3:13-cv-00652, alleging violations of the Federal Fair Labor Standards Act, as well as specific employment statutes within the State of Tennessee. The lead plaintiffs in this lawsuit allege that while working between 32-40 hours per week, they were given meal breaks but as supervisory “keyholders” they were not allowed to leave... Read More
05/16/2013

Class Action Certification Denied to Magazine Interns

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Following in the footsteps of the U.S. Supreme Court in Wal-Mart v. Dukes, Judge Harold Baer, Jr. recently denied class certification to a group of unpaid interns attempting to sue the Hearst Corporation for alleged violations of the Fair Labor Standards Act. The lawsuit, Xuedan Wang v. The Hearst Corporation, was filed in the Southern District of New York earlier this year. Each of the named plaintiffs worked as an unpaid intern for one of the Hearst Corporation’s magazines, including Harper’s... Read More
03/08/2013

Employer Liability for Illegal Restroom Videotaping

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In another victory for employees and privacy rights, a ruling issued this week against Finish Line, Inc. will further establish employer liability in cases involving illegal videotaping of employees by a store manager. In Antonelli v. Finish Line, Inc., ADRS Case No. 12-5331-JCI, a binding arbitration ruling denied Finish Line, Inc.'s Motion for Summary Judgment on most claims brought by Plaintiff employees, including specific statutory violations, as well as invasion of privacy and infliction of emotional distress. The Plaintiffs, represented by... Read More