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A putative class of Outback Steakhouse front of house managers asked a Massachusetts federal judge for conditional certification so more could join a suit claiming the chain denied them overtime pay in violation of the Fair Labor Standards Act, according to a motion filed Wednesday.

The suit argues the group of assistant managers, responsible for everything from seating patrons to serving food to washing dishes, have been wrongly denied overtime pay because Outback incorrectly classified them as being exempt. The classification runs afoul of the FLSA and state wage laws, the suit argues, and...

In a new class-action lawsuit, former Munchery facilities worker Joshua Philips is claiming the startup owes him and 250 other employees 60 days’ wages, citing The Worker Adjustment and Retraining Notification Act, a U.S. labor law that requires employers with an excess of 100 employees to give notice 60 days ahead of mass layoffs.

Munchery, a prepared meal delivery company headquartered in San Francisco, announced in an email to customers on January 21 that it would cease operations, effectively immediately. The abrupt shutdown not only came as a surprise to Munchery’s community of customers...

Hundreds of fund industry professionals have lost their jobs in recent months, and older employees are likely to account for a disproportionate number of people out of work, recently published data and industry sources suggest.

At the same time, employees with decades of experience typically endure longer periods of unemployment before landing their next job. And those who do find new work often earn less than before.

“There’s definitely a very strong age bias within the [financial services] industry,” says Cara Greene, partner at Outten & Golden, which represents financial service...

Corporate recruiting and college campuses are such a natural combination, what could possibly go wrong? A number of workers—and the federal government—say some employers use it as a way to exclude minorities and older people.

Oracle Corp. is being sued by the Labor Department’s contractor watchdog, which alleges that the tech giant discriminated against minorities when hiring recent college and university graduates.

Hewlett Packard and PricewaterhouseCoopers face similar claims, related to possible age bias over their recruiting practices, brought by private parties.

Recruiting on college...

A courier for the meal delivery startup led the complaint

One of an estimated 250 Munchery employees laid off when the San Francisco startup shut down abruptly last week has filed a class action lawsuit against his former employer. In a legal complaint filed in US District Court, lawyers on behalf of ex-Munchery courier Joshua James Eaton Philips argue that the company violated the Worker Adjustment and Retraining Notification Act, known as the WARN act, which states that companies of more than 100 employees must give them 60-day notices before mass layoffs.

“Losing one’s job is a hardship in...

National law firm is the only honoree with a practice dedicated to representing employees exclusively.

Outten & Golden LLP, known and respected for its representation of employees, executives, and partners across the spectrum of workplace issues, has been named a 2018 "Practice Group of the Year" in employment law by Law360. This is the third consecutive year in which the firm has earned the honor.

"We are grateful to Law360 for again recognizing our tremendously talented attorneys and the successful outcomes we've secured for our valued clients," said Adam T. Klein, Outten & Golden's...

A Becton Dickinson subsidiary doesn’t have to face a lawsuit alleging it inadvertently violated federal law by rejecting an older applicant for an in-house lawyer job because he had too much experience, a federal appeals court said in a ruling that pares back anti-bias protections.

The 8-4 decision by the full U.S. Court of Appeals for the Seventh Circuit in Chicago changes course from an April opinion by a three-judge panel of the court and avoids creating a circuit split with the Eleventh Circuit over the scope of federal age discrimination law.

The Age Discrimination in Employment Act...

The U.S. Department of Labor on Tuesday filed a court action against Oracle for underpaying non-white male employees by as much as US$400 million.

"Oracle suppressed starting salaries for its female and non-White employees, assigned them to lower level positions and depressed their wages over the years they worked for Oracle," states an amendment to a complaint the DoL's Office of Federal Contract Compliance Programs initiated against the company in 2017.

Based on OFCCP's preliminary analysis, "Oracle's method of compensating employees for their work resulted in losses of more than $400...

A new breed of high-tech hiring tools aimed at helping employers sift through growing applicant pools can unfairly weed out women and minorities, putting unwary businesses at risk of being caught up in an anticipated wave of bias litigation.  

Experts say these tools, which use algorithms to predict whether an applicant will be successful in a given job, can perpetuate existing sex- or race-based gaps in employers’ workforces or create new ones. The tools haven’t led to any suits yet, but experts say that's likely to change.

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