SAN FRANCISCO, CA — On April 8, 2014, the law firm of Girard Gibbs LLP filed a federal class action lawsuit against Catalina Restaurant Group, Inc. and Food Management Partners, Inc. on behalf of restaurant workers terminated from employment at Coco’s Bakery and Carrows locations within 30 days of April 3, 2015. The lawsuit alleges that Food Management Partners acquired Catalina on March 31, 2015, and closed approximately 75 Coco’s and Carrows restaurants the next day.
The Wall Street Journal reported that on April 10, 2014, Judge Martin Glenn of the United States Bankruptcy Court of the Southern District of New York rejected two of Dewey & LeBoeuf LLP’s affirmative defenses in a class action lawsuit against the law firm. Judge Glenn found that Dewey & LeBoeuf did not adequately give its employees written notice about the law firm’s impending mass layoffs before it closed in May 2012.
Girard Gibbs is pleased to announce Matthew George and David Stein as the firm’s most recently named partners. “Matt George and David Stein have proven their leadership skills at our firm and their advocacy skills in the courtroom,” said Daniel Girard, the firm’s managing partner. “They have demonstrated they are committed to high standards of professionalism and we are pleased that they will be joining us as partners.”
On March 3, 2014, the United States Supreme Court granted the cert petition filed in Busk v. Integrity Staffing Solutions, a case that concerns whether the time workers spend in security screenings is compensable under the Fair Labor Standards Act (“FLSA”) and the Portal-to-Portal Act. The Supreme Court’s decision is likely to have widespread implications in employment law, as the high court will likely give guidance on the key “integral and indispensable” standard used by courts to determine what is considered work. The Portal-To-Portal Act of 1947 amended the FLSA to make it clear that “preliminary” and “postliminary” activities are not covered, but in recent years the Supreme Court has ruled that pre- and postliminary activities were covered if they were “intergral and indispensiable” to a worker’s main activities.
On February 25, 2014, Matthew George will be a featured speaker at the Consumer Attorneys of California (CAOC) 8th annual Class Action Seminar in San Francisco. His program at the CAOC seminar will cover notable changes to state and federal privacy laws and recent trends in high-profile class action lawsuits that have been filed against retailers, social networks, and HMOs.
On October 10, 2013, California Governor Jerry Brown signed into law SB 435. This new law requires California employers to provide their employees with a “recovery period”. The recovery period is a cool down period given to employees to prevent illness related to heat exposure.
Nearly 40 years after the “Equality Act” was originally introduced in Congress to protect LGBT employees from job discrimination, the Senate passed the Employment Non-Discrimination Act (or ENDA), on November 7, 2013. If passed by the House of Representatives this landmark civil rights legislation would make it illegal to discriminate against LGBT individuals in the workplace.
Many employees have various job-related expenses they pay out of pocket for. Typically, employers are required to reimburse employees for their work-related expenses. One common out-of-pocket cost incurred by employees is for uniforms and uniform maintenance. When employers require employees to wear a uniform for work, there are special protections for employees who have to purchase and upkeep their uniforms as a condition of employment.
Employers are coming under increased scrutiny for issuing payday debit cards to employees. These cards often subject employees to hidden fees and charges which often financially cripple many lower paid workers.
Girard Gibbs is pleased to announce that the parties have reached a proposed $9.9 settlement that, if approved by the Court, would end a nationwide class and collective action lawsuit alleging claims that Acosta’s merchandiser employees were not paid for all hours worked and were not sufficiently reimbursed for all work-related expenses.