Tag Archives Eleventh Circuit

On November 5th, the Southern District of Florida refused to dismiss a lawsuit filed against JP Morgan Chase Bank by one of its former bank tellers. The plaintiff, a Brazilian citizen, alleged the Bank violated anti-discrimination and retaliation laws under 42 U.S.C. § 1981. He complained the Bank treated him differently than U.S. citizens and non-Brazilian employees and then fired…

As employers salute and honor veterans today, employers should also review whether they are doing all they can to guard against veteran discrimination. The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) “protects members of the military from discrimination and retaliation in employment on the basis of their military service.” Wooldridge v. City of Melbourne, No. 6:14-cv-55-Orl-40TBS, 2015 WL 4250491,…

Across the country, students gain valuable experiences through internship programs before entering their respective workspaces. See Schumann v. Collier Anesthia, P.A., --- F.3d ----, 2015 WL 5297260, (11th Cir. Sept. 11, 2015) (“modern internships can play an important—indeed critical—role in preparing students for their chosen careers.”); see also Hollins v. Regency Corp., No. 13 C 07686, 2015 WL 6526964 (N.D. Ill.…

The Middle District of Florida recently confirmed the low threshold required for conditional certification of putative collective actions under the Fair Labor Standards Act (“FLSA”).   In Gonzalez v. TZ Ins. Solutions, LLC, Case No. 13-2098, 2014 WL 1248154 (M.D. Fla. March 26, 2014) (Gonzalez v TZ Ins) the plaintiff worked hourly for TZ Insurance as a sales specialist.  The plaintiff filed…

In Paylor v. Hartford Fire Ins. Co., 6:11-cv-00059-PCF-TBS (11th Cir. April 8, 2014), the Eleventh Circuit enforced a severance agreement that waived an employee’s rights under the Family Medical Leave Act (“FMLA”) for past conduct of the employer.  The plaintiff, Blanche Paylor, worked for Hartford as a disability analyst.  Between January 2008 and September 2009, she used 390 hours of…

In Lemy v. Direct General Finance Co., 2014 WL 903371 (11th Cir. March 10, 2014) (Lemy v. Direct General Finance Co), the plaintiff filed a class action complaint in Florida state court alleging that the insurance company defendants acted in concert to sell a worthless insurance product to a class of plaintiffs in violation of the Florida Insurance Code.  The…

An illegal gambling establishment in Alabama faced additional legal woes when it was sued by a class of former employees for allegedly violating the Worker Adjustment and Retraining Act (“WARN Act”) when it laid off its employees without giving them any formal notice. Sides v. Macon County Greyhound Park, Inc., 725 F.3d 1276 (11th Cir. 2013).  Macon County Greyhound Park,…

When Robert Toback filed a class action against nutrition store, GNC, alleging that the company’s Vitapak supplement did not perform as advertised, he focused his allegations on only glucosamine and chondroitin - two of the many ingredients of the product.  Toback v. GNC Holdings, Inc., 2013 WL 5206103 (S.D. Fla. Sept. 2013) (Toback v. GNC).  In his claim under the…

One of the unique issues in class action litigation is determining when, if ever, an absent class member becomes a party.  In Day v. Persels & Associates, LLC, 729 F.3d 1309 (11th Cir. 2013), (Day v Persels) Miranda Day sued several debt management companies on behalf of herself and 125,000 consumers.  Pursuant to 28 U.S.C. § 636(c)(1), Day, the putative…

Although plaintiffs’ counsel is naturally expected to communicate with putative class members, sometimes such communication is improper.  In A.R. ex rel. Root v. Dudek, 2013 WL 5278668 (S.D. Fla. Sept. 19, 2013), the United States District Court for the Southern District of Florida determined that Plaintiffs’ counsel’s and other representatives’ e-mails to putative class members  were not the type of …

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