Archive of Employment Contract
Waiver of FLSA Collective Action Rights in Any Forum is Unenforceable as a Matter of Law
on Dec 02 in Class/Collective Action, Employment Contract, Policies, Wage/Hour tagged arbitration agreement, Raniere v. Citigroup, waiver of FLSA collective action by Anthony Rao
In Raniere v. Citigroup Inc., the Southern District of New York held that waiver of the right to proceed collectively under the FLSA in any forum is unenforceable as a matter of law, and granted plaintiffs’ motion for conditional collective action certification. Plaintiffs (either Home Lending Specialists or Loan Consultants) asserted they were misclassified as [...]
The Supreme Court Takes on ERISA Remedies in CIGNA Corp. v. Amara
on May 18 in Class/Collective Action, Employment Contract, Policies tagged CIGNA v. Amara, equitable remedies, ERISA by Rosemary Joyce
An employer – CIGNA Corporation – changed its pension plan in 1998. Many of the approximately 25,000 beneficiaries were not happy – particularly because the new plan provided them with less generous benefits in certain respects. They claimed CIGNA failed to give them proper notice of the changes. Bring on the class action. Did CIGNA [...]
Employer Not Entitled to Reimbursement of Advanced Wages and Benefits
on Apr 29 in Employment Contract, Leave of Absence, Policies, Wage/Hour tagged advance, Middle East Airlines Air Liban v. Damaris Cordero, reimbursement by Anthony Rao
Former employee takes an advance on sick days and obtains prepayment of medical and dental insurance premiums, then quits and does not pay back the advances. Employer seeks reimbursement of advanced wages and benefits in court; it (correctly) does not deduct from her final wages. Employee moves to dismiss the complaint because there was no [...]
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