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Unpaid Internships and Federal Labor Laws: Lawsuits On the Rise

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Unpaid Internships and Federal Labor Laws: Lawsuits On the Rise

Unpaid internships have become increasingly common in the job market. Approximately one million undergraduate students work in internships each year, an estimated half of which are unpaid.[1] When “for-profit” private employers utilize unpaid interns, some courts have decided that such employers violate federal wage and hour laws. In 2013, the United States District Court for the […]

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Fluctuating Work Week Method of Computing Overtime

On March 11, 2013, a federal district court held that Radioshack’s bonus compensation method was unlawful under Department of Labor regulations. The plaintiff employees alleged that Radioshack violated the federal Fair Labor Standards Act (FLSA) by failing to pay store managers time-and-a-half for overtime hours. Among other things, the FLSA requires a minimum of “time-and-a-half”

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Unauthorized Aliens Protected by Federal Minimum Wage and Overtime Law

On July 29, 2013, the United States Court of Appeals for the Eighth Circuit issued a decision in Lucas et al. v. Jerusalem Café, LLC. The Court held that unauthorized aliens may recover unpaid and underpaid wages under the federal Fair Labor Standards Act (FLSA). 29 U.S.C. § 201 et seq. Six employees of the Jerusalem Café originally

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Missouri Court of Appeals Affirms Viability of “Continuing Violation” Theory

On June 4, 2013, the Missouri Court of Appeals for the Eastern District reversed the trial court’s judgment and remanded the case of Plengemeir v. Thermadyne Industries, Inc. In 2000, Thermadyne hired Lorie Plengemeir as a Specialty Markets Manager. In 2004, Thermadyne promoted Plengemeir to the position of National Accounts Manager. In that position, Plengemeir consistently

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Recent Missouri Supreme Court Case: Farrow v. Saint Francis Medical Center and Cedric C. Strange

On August 27, 2013, the Supreme Court of Missouri issued its decision in the case of Farrow v. Saint Francis Medical Center and Cedric C. Strange. Madonna Farrow appealed the circuit court’s grant of summary judgment in favor of Saint Francis Medical Center (“Hospital”). Farrow originally alleged violations of the Missouri Human Rights Act (“MHRA”)

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Supreme Court Raises the Bar for Unlawful Retaliation Claims

On June 24, 2013, the Supreme Court issued its decision in UTSW v. Nassar. The Court imposed a more exacting standard on employees claiming that their employer unlawfully retaliated against them because of their protected activity. Title VII of the Civil Rights Act of 1964 is the primary federal law that prohibits employment discrimination. That law

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Riggan Law Firm Files Collective Action Overtime Lawsuit Against Peoplescout, Inc. and Seaton, LLC

Recently, Riggan Law Firm, LLC, a St. Louis overtime law firm, filed a collective action lawsuit on behalf of its clients, a group of recruiters, to recover unpaid wages for time that the employees spent working “off the clock.” The plaintiffs, who worked for Peoplescout, Inc. and Seaton, LLC as recruiters, assert claims for unpaid overtime

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Eighth Circuit: Hospital Technician with Epilepsy Not “Qualified Individual” Under ADA or Missouri Law

In a recent decision, the United States Court of Appeals for the Eighth Circuit affirmed the district court’s grant of summary judgment for Capital Region Medical Center (CRMC) in the case Olsen v. Capital Region Medical Center. The plaintiff, Andrea Olsen, alleged that CRMC, her employer, engaged in unlawful disability discrimination when it placed her on administrative leave

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Riggan Law Firm Settles Paramedic/EMT Overtime Lawsuit for $70,000

In a recent settlement of a collective action overtime lawsuit, Riggan Law Firm, LLC, a St. Louis overtime law firm, obtained a settlement for its clients for a total value of $70,000. The lawsuit was filed on behalf of a group of paramedics and emergency medical technicians (EMTs). The Plaintiffs in the case alleged that they

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