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Results: 1-10 of 32

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


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


Employees misclassified as independent contractors court rejects the defense that everybody else is doing it
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • October 10 2011

After an investigation by the United States Department of Labor (“USDOL”), on September 21, 2011, a U.S. District Court in Ohio ruled that Cascom, Inc. and its president Julia J. Gress (collectively “Cascom”) violated the Fair Labor Standards Act (“FLSA”) by misclassifying its employees as independent contractors


Severance payments may not be subject to FICA
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 13 2010

Recently, the U.S. District Court for the Western District of Michigan affirmed a Bankruptcy Court’s decision and held that severance payments made to employees due to the employees’ involuntary separation from employment that resulted directly from a reduction in force or the discontinuation of a plant or operation are not wages and are therefore not subject to FICA taxation


Company pays $55,000 to settle sexual harassment lawsuit
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • August 2 2010

Recently, the US Equal Employment Opportunity Commission ("EEOC") announced that Trinity Products, Inc ("Trinity"), a manufacturer of billboards and signposts, agreed to pay $55,000 to settle a sexual harassment and retaliation lawsuit filed by the EEOC


HR manager of Japanese subsidiary files $100,000,000 class
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • February 22 2011

On January 31, 2011, Elaine Cyphers (“Plaintiff of Cyphers”) filed a class action lawsuit in federal court in New York seeking to “redress and bring to an end to systematic, companywide, gender discrimination” by Toshiba America, Inc. and Toshiba America Nuclear Energy Corporation (“TANE”) (jointly “Defendants”) against their female employees


Union contract agreements overturned by court
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • August 30 2010

Recently, the Seventh Circuit Court of Appeals in Chicago affirmed the district court's decision that Wisconsin's wage payment law requires employees to be paid for all time spent donning and doffing safety gear


Construction company found liable for delinquent contributions
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 16 2012

Recently, the U.S. District Court for the Northern District of Illinois found a construction company liable for delinquent contributions, liquidated damages, interest and reasonable attorney's fees


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”