Chitika

Sunday, August 2, 2015

Class Action News 1st August 2015


Columnist Megan McArdle writes that McDonald's won't use an Uber-style app to determine staffing levels. Rather, McDonald's and others are deploying point-of-sales software systems to calculate labour costs as a percentage of revenue. In March, 2014, McDonald's workers filed class-action lawsuits against the company in Michigan, California, and New York alleging wage theft. As part of the suit, employees claimed management would force them to clock out during any point of their shift if store labour costs were exceeding revenues.

In May, the Poverty and Employment Precarity in Southern Ontario research group released its latest report. In it, researchers from McMaster University and the United Way Toronto identified erratic scheduling practices as a chief negative determinate on household well-being amid a rising tide of precarious employment. At present, the Employee Standards Act does not require employers in Ontario to provide schedules to its workers in advance. Nor is there any requirement for advanced notice of shift cancellation, which can cause chaos with respect to securing child care.


Sexual-misconduct complaints in Washington prisons have more than quadrupled in a decade. Prison officials say they take the issue seriously but that few cases can be substantiated. Critics contend that even guards who are convicted have gotten off with light sentences.

The investigation began with an anonymous tip: Theresa Nolte, a customer-service worker at the print shop in Monroe Correctional Complex, appeared to have a strange relationship with an inmate named Kelly Beard, a member of the prison’s Aryan gang who was finishing up a 20-year murder sentence. The two spent time together most days, huddled in whispered conversations.

Investigators discovered Nolte and Beard had secretly struck up a romance, and on several occasions sneaked away to have sex. The two even planned a life together after Beard’s expected release the following year.

“Think of me waiting for you with my arms open wide and my heart overflowing with love for you,” Nolte wrote in a letter to Beard in 2011. “I love you with my heart, my body and my soul. I love the way I keep loving you, like a love I can’t control.”


Sacramento, CA: A lawsuit against FedEx Corp. (FedEx) alleging various affronts to California labor law that was first brought in California Superior Court has been granted class-action status. Plaintiffs and class members in the California labor lawsuit hold that FedEx violated state laws by failing to pay adequate wages.

According to court records, lead plaintiff Roy Taylor originally took FedEx to task over lack of pay for line-haul drivers who are paid based on mileage. However, the plaintiff asserts that wages based on mileage did not account for the various non-driving activities performed by a line-haul driver during the course of a workday. Included in the list of allegations was a lack of provision for meal and rest periods as required under California labor code, and failure to provide accurate wage statements, or so it is alleged.

The certification by US District Judge Lawrence J. O’Neill supports an earlier ruling by US Magistrate Judge Barbara A. McAuliffe in May, who recommended certification.

The proposed class would represent line-haul drivers who worked for the venerable shipping company from January 2012 through to the time of trial, together with a subclass of drivers who had since left the company’s employ during that period.


A half-dozen ex-strippers just got a touch of class.
A Manhattan judge on Thursday granted class-action status for their lawsuit against Midtown jiggle joint Cheetah’s, opening the door for fellow pole-dancers to join the claim, which aims to collect pay and fees the women say they were cheated out of by the owner.


A federal judge in California has refused to grant class-action status to a lawsuit concerning the marketing and sale of college athletes' photographs through school athletics websites that involves CBS Interactive, a division of CBS Corp.
CBS Interactive — in addition to the popular CBSSports.com website — has a unit that provides a range of website management and e-commerce services college athletics departments.

The suit, originally filed in June 2013, alleges that schools — through their CBS-assisted athletics websites — offered photographs of athletes, as well as associated merchandise such as frames and calendars "without offering compensation to or obtaining consent from these student-athletes.” With former Texas-El Paso football player Yahchaaroah Lightbourne as the named plaintiff, the case began against two smaller companies but was amended to include CBS Interactive in April 2014.




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