Gawker Interns Fighting for Overtime

Gordon Law Group — Mon, 13 Apr 2015 00:06:57 GMT

When most people hear the word internship, they think of an unpaid employment opportunity that offers a chance to learn the ropes of a job. In recent court cases, that general perception has been challenged as interns ban together and fight for various types of compensation. One such case involved the media group Gawker. What started as two former interns filing a lawsuit grew to more than a thousand plaintiffs after the court agreed to certify the case, and allow the use of social media to contact class members.

In making its determination, the court pointed to several common factors among the interns, including evidence that they:

Performed job duties that closely resembled those performed by paid employees, including publication contributions;
Were given on-the-job training;
Were subject to the same rules and policies as employees and were treated in the same manner as employees by management;
Had access to the same internal communication system that the employees used; and
Received no specialized training that differed from training given to employees.

The court’s decision to certify the case as a class action did not speak to the legal validity of the underlying claim about alleged violations of the Fair labor Standards Act. Instead, it solely opened the door for plaintiffs to contact other potential plaintiffs and invite them to join the class action case.

If you have questions about a class action labor dispute, contact our office to speak with a trained attorney.

Wal-Mart Appeals to The Supreme Court for Relief

Gordon Law Group — Thu, 12 Mar 2015 00:40:36 GMT

A $188 million judgment for damages has Wal-Mart officials asking the United Supreme Court to step in. The dispute started with a Pennsylvania class action lawsuit, involving approximately 187,000 Wal-Mart employees who worked for the company between the years of 1998 and 2006. The employees alleged that they were forced to skip breaks or otherwise denied the statutorily allotted break time.

According to a Reuters report, attorneys for the plaintiffs argued that Wal-Mart’s practices resulted in about 33 million untaken rest breaks. A Pennsylvania jury sided with the employees and came back with the significant damage amounts. Thus far, attempts at an appeal have been unsuccessful, as the Pennsylvania Supreme Court upheld the verdict award.

Now, Wal-Mart is asking the U.S. Supreme Court to step in and rule on the matter.

Wal-Mart argues that the verdict amount was determined through “trial by formula,” which is estimation of break times for more than 187,000 workers. The company asserts that the trial court got it wrong and that this type of estimation took away its ability to provide an adequate defense for each alleged incident.
The plaintiffs argue against any need for appeal. They assert that the trial court was right, asserting that the damage amount was calculated from Wal-Mart’s corporate records and uniform business practices that were admitted into the trial record.

Wal-Mart is supported in this endeavor by The Retail Litigation Center and the U.S. Chamber of Commerce. Both organizations assert that the magnitude of the Wal-Mart verdict will lead to a surge in class action lawsuits against retailers.

If you have any questions about workday break procedures, contact us today for a free case evaluation.

nonpayment of wages - Gordon Law Group, LLP

Gawker Interns Fighting for Overtime

Wal-Mart Appeals to The Supreme Court for Relief