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  • Caffarelli & Siegel Celebrates Win in FMLA Trial

    Caffarelli & Siegel recently celebrated a victory for its client, Darren Cuff, in the case of Cuff v. Trans States Holdings, Inc., et al. In that case, Mr. Cuff brought a two-count complaint against his former employer, Trans State Holdings, after it unlawfully denied his request for FMLA leave and retaliated against him. Mr….

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  • Seventh Circuit Decision Distinguishes Wage-and-Hour Class Action from Dukes Ross v. RBS Citizens

    Since the Supreme Court’s decision in Walmart v. Dukes, the legal community has anticipated a widespread and profound impact on class action suits. In that case, the Court denied class certification to a group of female employees alleging sex discrimination in Walmart’s management hiring practices. The Court held the class failed to comply with…

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  • Tracking You Hours? There’s an App for that

    This past May, the Department of Labor released an app that allows hourly workers to keep track of their time independent from their employer’s record keeping methods. All iPhone and iPad users can download the app (for free). The application then allows the user to track regular work hours, break time and any overtime…

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  • HR Director’s Remarks Can Constitute Direct Evidence of Discrimination

    The Court of Appeals Reverses Summary Judgment in Makowski v. SmithAmundsen LLC Lisa Makowski was employed as the Marketing Director at the law firm of SmithAmundsen, LLC. In the summer of 2007, she informed the firm’s management that she was pregnant, and she requested leave under the Family and Medical Leave Act (“FMLA”). Under…

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  • Proposed Legislation Imposes New Requirements and Higher Penalties for Employee Misclassification

    The Employee Misclassification Prevention Act (H.R. 3178) On October 13, 2011, Representative Lynn Woolsey (D-CA) introduced the Employee Misclassification Prevention Act (“EMPA”) in the House of Representatives. The EMPA amends the Fair Labor Standards Act of 1938 (“FLSA”) to require employers to keep records of non-employees and provides a special penalty for persons who…

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  • Caffarelli & Siegel Ltd. Wins Summary Judgment in FMLA Case Cuff v. Trans States Holdings, Inc., et al.

    On October 6, 2011, Judge Leinenweber of the United States District Court for the Northern District of Illinois granted Plaintiff Darren Cuff’s cross-motion for summary judgment in the case of Cuff v. Trans States Holdings, Inc., et al., 10-C-1349. Mr. Cuff filed a two-count complaint alleging that the Defendants, his former employers, unlawfully denied…

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  • EEOC Files Suit against Bass Pro for Race Discrimination

    Complaint Alleges Bass Pro Refused to Hire Qualified Applicants and Retaliated against Employees Who Opposed its Hiring Practices On September 21, 2011, the Equal Employment Opportunity Commission (“EEOC”) filed suit in Houston federal court against Bass Pro Outdoor World, LLC (“Bass Pro”), a nationwide retailer in hunting, camping, nature gifts, and outdoor cooking. The…

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  • ABA Announces that Lawyers Must Protect the Confidentiality of E-mail Communications with Clients

    American Bar Association Issues Formal Opinion 11-459  On September 7, 2011, the American Bar Association announced in a press release that lawyers have a duty to caution their clients about communicating with them via e-mail using an employer-owned device. The ABA rationalized that the confidentiality of such communications could be jeopardized, since many employers…

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