Working for Justice Blog

Since 2013, Nissan Altima owners have been complaining to the National Highway Traffic Safety Administration about automatic transmission problems occurring in their 2013-2014 vehicles. The defective transmission supplied in the affected vehicles is known as a continuously variable transmission (CVT). This transmission is defective in design. As a result, the most notable problems that occur include: Stuttering between gears Hesitation Sputtering Vibration Unusual noises Premature transmission failure has opened an investigation into whether certain Altima vehicles have been equipped with defective automatic transmissions that can cause these problems as well as make the vehicle shudder or jerk. We are investigating potential harm to all consumer residents in Tennessee who own, owned, lease, or leased a 2013 or 2014 Nissan Altima. Even if your current vehicle has not experienced any of the issues listed above, the underlying defect may still exist in 2013-2014 Nissan Altimas.

One of the most common forms of gender discrimination is sexual harassment. According to the Equal Employment Opportunity Commission, sexual harassment occurs when an employee receives unwelcome sexual behavior on the job. This type of behavior may involve the employee’s job – for instance when a manager demands sexual favors in exchange for a promotion. Sexual harassment is illegal under Title VII of the Civil Rights Act of 1964 yet it still happens even in this day and age more often than people realize. What can you do if you are being sexually harassed at work? Although you may feel helpless, there are ways you can combat this behavior: Speak Up – Your co-workers or supervisor may not even realize their conduct is offensive to you. Speak with the person and let them know this conduct is unacceptable. If the behavior continues, then you may have to take action.  If you still have concerns, call an experienced sexual harassment lawyer and ask questions.  You can never be too safe. Create a Complaint – Some companies have procedures on what to do if you are being harassed. If the behavior doesn’t stop, follow the steps to create a complaint against the person. If your company doesn’t have a […]

Created 80 years ago, the Fair Labor Standards Act governs the hours worked and wages earned by American employees. The FLSA provides that, unless a specific exemption applies, employers: Must pay employees a minimum wage set by federal law Must pay employees overtime (1.5x their regular rate) for time worked over 40 hours in a workweek Must maintain accurate employment records, including total hours actually worked by employees The FLSA covers most employers operating in the United States. Although very small, local companies may be excused from the FLSA, they too may be required to pay employees minimum wage and overtime under applicable state laws. FLSA Violations Whether intentionally or by accident, employers commonly fail to abide by the FLSA; however, employees are often unaware that they have been denied their fair wages. For example, many think that an employee who receives a salary is necessarily exempt from the overtime laws. That is simply not the case. There are strict tests an employer must meet to prove an employee is exempt from overtime. Accordingly, while some salaried employees are exempt, many are entitled to overtime pay when they work in excess of 40 hours per week. Similarly, many companies today have attempted […]

It’s becoming more and more common in U.S. workplaces. Employers are asking employees to sign an arbitration agreement, giving up the right to sue over job-related issues. If an employee signs an agreement, it means that the employee must pursue any legal claims against his/her employer through arbitration, rather than a lawsuit. Employee arbitration agreements can come back to haunt you. Here’s how. What is Arbitration? – Employee Arbitration Agreements Arbitration is an alternative way to resolve a dispute between two parties instead of filing a lawsuit and going to court. In order to proceed with arbitration, both parties need to agree to arbitrate instead of going to court. How arbitration works are: One party sends the other notice of their intent to arbitrate a dispute which outlines the basis for the dispute. There will be a hearing that may include either a single or a panel of arbitrators. The rules vary depending on the agreement, but the hearing is similar to one in a courtroom. Witnesses may be called, evidence is presented, questions are given, etc. Following the hearing, the arbitrator or panel will deliver a ruling. Why You Shouldn’t Sign an Arbitration Agreement Although arbitration may be a cheaper, […]

Following a nearly three-month civil trial, a judge has awarded $12.75 million to 22 women who...

The case before U.S. District Judge Gerald McHugh Jr. was not unlike others he’d seen before. A woman alleged sexual harassment in the workplace so severe she had been forced to quit her job. Her former employer, a global talent agency called MarketSource, was arguing that the whole dispute ought to be in front of an arbitrator—not in a public courtroom.McHugh, sitting in the Eastern District of Pennsylvania, left no doubt about his misgivings, writing “there is legitimate cause for concern when a parallel system of dispute resolution supplants the courts.” But in the face of a growing constellation of U.S. Supreme Court decisions favoring arbitration contracts, the judge concluded in a decision last November that he had little choice but to side with the company. In the wake of the U.S. Supreme Court’s split decision in Epic Systems Corp. v. Lewis, which further bolstered the Federal Arbitration Act, that outcome has been increasingly common for workers who try to take their employers to court. Claims of persistent sexual harassment and discrimination in the workplace, fast-food workers shorted on pay and gig economy contractors fighting for employee status have all been routed to arbitration in decisions citing Epic. In less […]

By Douglas Belkin Seven current and former Dartmouth College students filed a lawsuit in federal court against the Ivy League school on Thursday, alleging it ignored an “Animal House” atmosphere created by three professors in the school’s department of psychology and brain sciences. The lawsuit, which seeks $70 million in damages, claims the professors “leered at, groped, sexted, intoxicated and raped female students.” It alleges the professors conducted meetings at bars, invited students to late-night hot tub parties in their homes and invited undergraduate students to use cocaine during class. The professors involved resigned from the Hanover, N.H., school last summer at Dartmouth’s request. The New Hampshire Attorney General is conducting a separate investigation. In a press release, Dartmouth said it applauded the women’s courage for coming forward but disagreed with the characterizations of the school’s actions and will respond through court filings. Due to the misconduct it found earlier this year by the three faculty members, the school said Thursday it took “unprecedented steps toward revoking their tenure and terminating their employment.” The professors “are no longer at Dartmouth and remain banned from our campus and from attending all Dartmouth-sponsored events, no matter where the events are held.” The suit […]

The City of Martinsville filed a motion to consolidate the opioid lawsuits of 10 other localities, including Pittsylvania County, in the Virginia Supreme Court on Tuesday. All 11 of the localities retained the legal team of representatives from LLC; Kaufman and Canoles, P.C.; and the Cicala Law Firm PLLC. The lawsuits of each locality sue prescription opioid manufacturers, distributors and pharmacy benefit managers, depicting the opioid epidemic as the result of a multi-level conspiracy between profit-driven companies. The city of Martinsville’s motion requests for the appointment of a panel of circuit court judges. The panel would then hear the city’s request to consolidate the 11 lawsuits under Virginia’s Multiple Claimant Litigation Act. The Multiple Claimant Litigation Act provides a circuit court with the power to join, consolidate or transfer civil actions if there are at least six separate actions already brought arising from the same occurrence or involving the same questions of law. The circuit court also must find that the order would promote just ends efficiently, is consistent with each party’s right to due process and doesn’t prejudice each party’s right to a fair and impartial resolution. In a news release, Kevin H. Sharp of said, “Transfer and consolidation […]

Posted September 25th, 2018. (September 25, 2018) – a leading national public interest law firm, today filed a $30 million race and gender discrimination lawsuit in the United States District Court for the District of Columbia against multibillion-dollar commercial real estate behemoth Cushman and Wakefield, Inc. The Complaint was filed on behalf of Cushman and Wakefield’s former President of Valuation and Advisory for the Americas Nicole Urquhart-Bradley, who, until her abrupt termination by C&W CEO Shawn Mobley in January 2018, was one of only two remaining female service line leaders at Cushman and Wakefield. The Complaint alleges that, while Cushman and Wakefield regularly deployed Ms. Urquhart-Bradley to play the role of ambassador for “diversity” at Cushman and Wakefield, the public image Cushman and Wakefield sought to market was deeply at odds with an entrenched culture of discrimination against women and people of color. “The evidence we have points to an environment where white men are favored by their male colleagues in senior management, significantly limiting the advancement of women, and particularly women of color,” said Deborah K. Marcuse, lead counsel for Ms. Urquhart-Bradley and Managing Partner of Baltimore office. “The irony is that Cushman and Wakefield was holding out Ms. […]