Author: Schneider Wallace
Governor Inslee signed The Silenced No More Act (Bill 1795). Washington state now joins California as the second state to make non-disparagement and non-disclosure agreements (NDAs) in employer settlements and contracts unenforceable, for harassment and discrimination.
The DOL took the position truck drivers who are scheduled for more than eight hours in a sleeper berth deserve to be paid for all time above eight hours. The case in question involved truck drivers with a scheduled 10 hour sleep break in each 24 hour day.
Congress Passes and President Signs the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act prohibits the enforcement of arbitration clauses for cases alleging sexual assault or alleging sexual harassment.
The United States Department of Labor announced a federal court in the Eastern District of Virginia entered a judgment of $7.2 million in back wages and liquidated damages on behalf of 1,105 employees of a staffing agency. The Department of Labor alleges that the medical staffing agency intentionally violated federal law and denied the eleven hundred plus nursing aids, practical nurses and registered nurses overtime wages.
The Eastern and Southern Districts of New York Charge Multiple Cryptocurrency Coin Founders with Securities Fraud, Money Laundering
On March 8th, 2022 the Southern District of New York announced charges of securities fraud and wire fraud against the founder of Ormeus Coin. The charges allege the coin was falsely presented to investors as backed by a $250 million cryptocurrency mining operation with $5 million in monthly revenue, despite neither being true.
On the same day, the Eastern District of New York announced indictments against three owners and operators of ECoinPlus, EmpowerCoin, and Jet-Coin. The indictment includes charges of conspiracy to commit wire fraud and money laundering. Two of the three owner operators were also charged with attempting to destroy evidence and obstruct justice.
The judge noted that the employers failed to include information required by New York Wage Theft Prevention Laws: “The statements failed to provide the employer’s phone number… did not even identify the name of the employer… simply provided ‘Embassy Suites’ as the employer’s name without naming the actual individual or legal name of the company”.
The US Attorney’s Office for the Southern District of New York released a statement that two founders of BitMEX would plead guilty to violating the Bank Secrecy Act (BSA) and failing to maintain anti-money laundering programs at their BitMEX cryptocurrency exchange. The founders agreed to pay a $10 million fine.
The DOJ and state Attorneys General have become more active in investigating and enforcing action against companies who illegally agree to not poach employees from each other. When competitors in a market seek to collude, whether on prices paid by customers or prices they pay for labor, both federal and state antitrust laws can be violated.
Schneider Wallace is representing two occupational and physical therapists in their potential class action against Cantex Continuing Care Network, for allegations of unpaid forced overtime. Cantex Continuing Care is headquartered in Texas with skilled nursing facilities, rehabilitation, home health, hospice and assisted living facilities in Texas, Louisiana and New Mexico.
Over 1,200 nurses represented by Schneider Wallace Cottrell Konecky requested a federal judge grant class certification to their allegations of unpaid wages at Arnot Health New York hospitals. The nurses claim automatic deductions for breaks occurred even as they worked through meals and breaks.