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

Masuda Funai Eifert & Mitchell Ltd
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USA
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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

Company and its officers sued for unpaid wages

Masuda Funai Eifert & Mitchell Ltd
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USA
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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
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USA
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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
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USA
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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

Department of Labor obtains judgment against current NFL player

Masuda Funai Eifert & Mitchell Ltd
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USA
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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

Hitachi America benefits manager sentenced to 57 months for fraud

Masuda Funai Eifert & Mitchell Ltd
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USA
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November 2 2009

The U.S. Attorney for the Southern District of New York announced that Dennis M. Dowd, formerly the senior manager of human resources at Hitachi America, Ltd. (Hitachi”) was sentenced to 57 months in prison for defrauding the Hitachi America Group Health and Welfare Plan (the “Plan) of more than $6 million

Taking a shower every day may not be compensable

Masuda Funai Eifert & Mitchell Ltd
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USA
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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

Job applicants are protected from discrimination in hiring

Masuda Funai Eifert & Mitchell Ltd
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USA
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March 15 2010

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) affirmed that job applicants and not just employees are entitled to protection from discrimination

The cat’s paw requires a blind reliance

Masuda Funai Eifert & Mitchell Ltd
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USA
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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

Discrimination is sometimes defensible - blame your parent corporation

Masuda Funai Eifert & Mitchell Ltd
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USA
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November 30 2009

Recently, the U.S. District Court for the Southern District of New York reminded us that employment discrimination claims may be barred by the Friendship, Commerce and Navigation Treaty (“FCN Treaty”

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