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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


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


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


Health Care Reform: Reducing Employee Hours to Avoid the ACA is No Game
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 4 2016

On February 9, 2016, the U.S. District Court for the Southern District denied Dave & Busters, Inc.'s ("D&B") motion to dismiss a class action lawsuit


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


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”


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


Supreme Court rules some third-parties can sue for retaliation under Title VII
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • February 7 2011

On Monday, January 24, 2011, the United States Supreme Court (the "Court") reversed an en banc 10-to-6 decision of the Sixth Circuit Court of Appeals that held that because a third-party did not "engage in any statutorily protected activity either on his own behalf or on behalf of his fiancée, he was "not included in the class of persons for whom Congress created a retaliation cause of action."


Company and owner liable for over $311,000 in back wages
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 5 2011

On June 10, 2011, the U.S. District Court for the Northern District of Georgia (Atlanta Division) entered a Consent Judgment (the “Judgment”) permanently enjoining Chueng Kong Holding, Inc. dba United Food and Xin Guo (aka) Victor, as an individual owner, from violating the Fair Labor Standards Act (“FLSA”