A key question in many wage and hour claims is whether the complainant is an “employee,” and therefore protected by said laws, or an “independent contractor,” who is not covered. The New Jersey Supreme Court, in response to a certified question from the Third Circuit Court of Appeals, applied a…
Articles Posted in Employment Contracts
Updated LinkedIn Profile Leads to Claim for Alleged Breach of Non-Compete Agreement
The social media network LinkedIn played a prominent role in a recent dispute over a non-compete agreement, demonstrating that employees’ use of social media can affect not only their current employment and their future prospects for employment, but also their relationships with past employers. A federal court rejected an employer’s…
Employer Settles Federal Lawsuit Alleging Unlawful Withholding of Employee Retirement Contributions
Employees often rely on their employers for more than just a regular paycheck. While employers are not necessarily required to provide benefits for their employees, such as health insurance and retirement plans, those that do must follow certain requirements intended to protect employees’ interests. The federal Employee Retirement Income Security…
Sandwich Chain Reportedly Requiring Employees to Sign Non-Competition Agreements
An employment agreement from a national chain of sandwich shops includes a non-competition clause that purports to impose remarkably broad restrictions on employees, according to a story in the Huffington Post. This type of clause typically states that an employee may not accept employment with the employer’s competitors while still…
NLRB Allows McDonald’s Employees to File Complaints Against McDonald’s and Individual Franchisees as “Joint Employers”
Employees of numerous major fast-food restaurant chains have mounted campaigns to improve their working conditions, including higher wages and fewer unpaid hours. A major hurdle for these campaigns has been the franchise model used by many chain restaurants, in which one company, the “franchisor,” owns the restaurant’s brand, logo, menu,…
Retail Chain Allegedly Fired Gay Male Employees to Cut Costs, According to Lawsuit
A man’s lawsuit against his former employer alleges that the company created multiple pretexts ito justify firing him, and that the company discriminated against him because he is homosexual. Housh v. Home Depot USA, Inc., et al, No. 30-2013-00678843, complaint (Cal. Super. Ct., Orange Co., Oct. 1, 2013). The plaintiff…
New York City Teacher’s Petition for Reinstatement Claims Retaliation, Wrongful Termination
A gym teacher at a Bronx school filed a petition in the Supreme Court for New York County challenging her “unsatisfactory” job performance rating and subsequent termination. Gaylardo v. City of New York, et al, No. 14/100400, verif. pet. (N.Y. Sup. Ct., N.Y. Co., Apr. 8, 2014). She alleged that…
Former Post-Doctoral Student Files Lawsuit Against University, Supervisor, and Fellow, Alleging Sabotage of Experiment and Hostile Work Environment
A former postdoctoral researcher at Yale University in New Haven, Connecticut has filed a lawsuit alleging breach of contract against the university and her former supervisor, along with several tort claims. Koziol v. Yale University, et al, No. NNH-CV14-6045144-S, complaint (Conn. Sup. Ct., New Haven, Feb. 24, 2014). The plaintiff…
Fashion Models Sue Former Employer for Likeness Rights, Unjust Enrichment
A former fashion model has filed suit against a major designer for alleged misappropriation of his likeness, claiming that it reused photographs taken of him more than a decade ago without his consent. Hamideh v. Dolce & Gabbana S.r.L., et al, No. BC502164, complaint (Cal. Super. Ct., Los Angeles Co.,…
Non-Solicitation Agreement Not Violated by Former Employee’s Facebook Posts, Court Rules
A federal court ruled in favor of a former employee in a key portion of the former employer’s request for a preliminary injunction. Pre-Paid Legal Services, Inc. v. Cahill, No. 12-cv-346, order affirming magistrate’s report (D. Okla., Feb. 12, 2013). The decision is one of the first to address employees’…