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Employment - Overtime Rule to Be Finalized in July 2016
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • December 9 2015

In August 2015, we reported that the U.S. Department of Labor ("DOL") issued a Proposed Rule that seeks to increase the salary level required before


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


75 workers misclassified as independent contractors cost company over $500,000
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 7 2012

Last week, a U.S. District Court judge in Chicago issued a default judgment against Skokie Maid and Cleaning Service for failing to answer a complaint filed by the U.S. Department of Labor


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


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


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


DOL skins chicken company for more than $1 million
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • February 1 2010

On Friday, January 29, 2010, the U.S. Department of Labor (“DOL”) announced the filing of a consent judgment against Pilgrim’s Pride Corp. (“PPC”) in a case involving the company’s failure properly to compensate non-exempt employees for the time they spent donning and doffing work-related gear, and the company’s recordkeeping


Employer 1 pays $2 million and employer 2 goes to jail
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 16 2009

Recently, the U.S. Department of Labor (“DOL”) announced the results in two matters that reinforce the substantial penalties that can be imposed on employers for failing to classify employees properly and for failing to pay employees at least the federal minimum wage for all hours worked and time and one-half for all hours worked over 40 in a week


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


Discrimination is sometimes defensible - blame your parent corporation
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • 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”