Author Archives: Orin Kurtz
Lawsuit for Unlawful Deductions Against Ingersoll-Rand Will Proceed as a Class Action
In Orgill v. Ingersoll-Rand Company, a New York Supreme Court justice granted class certification to a group of current and former sales representatives who alleged that the defendants violated New York Labor Law Section 193 by making unlawful deductions from … Continue reading
Tags: class action, Ingersoll-Rand, New York Labor Law, unfair employment practices, unfair labor class action, unfair labor practices, unlawful deductions
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Maryland Court of Appeals Denies Attempt to Pick-Off Plaintiff in Class Action
In Frazier v. Castel Ford, Ltd., 2013 WL 265072 (January 24, 2013), the Maryland Court of Appeals put the brakes on a tactic that has gained favor among defendants in class actions—and that has caught the attention of the Supreme … Continue reading
Tags: class action, frazier v. castle ford, Lucero v. Bureau of Collection Recovery, mootness class action, pick off, pick off class representative, Pitts v. Terrible Herbst, reasonable opportunity class certification, Rule 68, Symczyk, Symczyk v. Genesis Healthcare Corp, Weiss v. Regal Collections
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Informal Conversations with Department of Labor are Insufficient to Avoid Liquidated Damages in Class Action
In McLean v. Garage Management Corp., Judge Denise Cote of the Southern District of New York reaffirmed the high standards an employer must meet in order to avoid liquidated damages under the Fair Labor Standards Act–holding that lessons learned from a previous … Continue reading
Tags: bona fide executive, bona fide executive exemption, employee overtime pay, employee rights attorney, employee rights lawyer, employee rights workplace, employer rights, employment and labor law, employment class action, employment law lawyers, employment law solicitors, employment lawsuits, exempt employee law, exempt from overtime pay, exemption, fair labor standards act, federal minimum wage, FLSA, labor law, labor law exempt employee, labor wage and hour, meal breaks, minimum wage, new york labor law overtime, NLRB, no overtime pay, nonexempt employee, overtime class action, overtime pay, overtime pay entitlement, overtime pay law, overtime pay regulations, overtime pay rules, overtime wage law, rest breaks, state minimum wage, unfair employment, unfair employment practices, unfair labor class action, unfair labor law, unfair labor practice, unfair termination, unlawful termination, unpaid overtime, unpaid wages, wage and hour law, wage garnishment law, wage law, what is exempt employee, who gets overtime pay, who is an exempt employee, who is entitled for overtime pay
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