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FMLA: caring for an adult child

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • July 8 2014

Recently, the United States Court of Appeals for the Seventh Circuit reminded us that the Family and Medical Leave Act ("FMLA") provides eligible

Cheesecake Factory pays $345,000 to settle male-on-male sexual harassment claim

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 30 2009

Recently, the U.S Equal Employment Opportunity Commission (“EEOC”) announced that the Cheesecake Factory, Inc. (the “Factory”), a national restaurant chain, agreed to pay $345,000 and provide other remedial relief to settle a sexual harassment suit filed by the EEOC

Failure to pay overtime poor record retention lawsuit

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 13 2010

As the economy continues to struggle, many current and former non-exempt (hourly) employees are paying closer attention to their wages and wondering whether they have been paid correctly for all hours worked

Company and its officers sued for unpaid wages

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 12 2012

Recently, the U.S. Department of Labor sued a New Hampshire painting and construction company and its president, vice-president and treasurer in their individual capacities to recover unpaid wages and liquidated damages for 57 employees

There is no such thing as FMLA light duty

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 6 2013

Recently, the U.S. Court of Appeals for the 7th Circuit affirmed summary judgment for the employer in a case where an employee filed suit contending

Theft of 401(k) plan assets results in one-year imprisonment of employee

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • July 10 2009

On July 7, 2009, the U.S. Department of Labor (“DOL”) announced that a former employee of a Kansas City, Mo. casino was sentenced to one year in federal prison and three years of supervised probation after completing her prison term

The cat’s paw requires a blind reliance

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • August 24 2009

Recently, the 7th Circuit Court of Appeals in Chicago affirmed summary judgment in favor of the employer in an Age Discrimination in Employment Act ("ADEA") suit brought by a former employee who alleged he was terminated during a nationwide reduction in force due to his age

Department of Labor obtains judgment against current NFL player

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 6 2009

Last week, the U.S. Department of Labor (“DOL”) announced that it obtained a consent judgment requiring current NFL player Michael Vick (quarterback, Philadelphia Eagles) and a company he owned called MV7 LLC to repay at least $416,461.10 in restitution to a pension plan sponsored by the company, and ordered Vick to forfeit any rights to benefits from the plan

Taking a shower every day may not be compensable

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • December 14 2009

On November 25, 2009, U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in favor of Dotmar Industries Inc. (the “Company”) when it held that the time spent changing clothes and showering at the end of each work day was not compensable under the federal Fair Labor Standards Act (“FLSA”) and the applicable Wisconsin statue

Outback Steakhouse agrees to pay $19 million to settle sex discrimination

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • January 4 2010

On Tuesday, December 29, 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that Outback Steakhouse (“Outback”) agreed to pay $19 million to settle a class action lawsuit alleging sex discrimination against thousands of women at hundreds of corporately-owned restaurants