Articles Posted in Class-Action

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Best unpaid overtime attorneys near Waukegan Wheeling and ChicagoHiring part-time employees can be a great way for businesses to fill in the gaps in their employee schedule while saving money. It can also be beneficial for employees looking for flexible hours. On the other hand, part-time employees are often left without the benefits of full-time employees, including health insurance and vacation time. Labor law generally requires an employee to work at least 20 hours per week before she is entitled to access to her employer’s health insurance or paid vacation time.

Even if an employee is taken on to work full time, the picture is not always rosy. Employees who are paid at least a salary of $23,600 per year and meet certain qualifications can legally be exempted from overtime compensation, even if they work more than forty hours a week.

Under the federal Fair Labor Standards Act (FLSA), employees can be exempt from overtime if they fit into one of three categories: administrative, executive, and professional. For the administrative category, an employee must perform primarily office work and provide administrative assistance directly to an executive. The executive category includes managers and all employees who spend more than half their time supervising other employees. The professional category is made up of workers whose jobs require a specific set of skills or level of education, including doctors, lawyers, and performers. Continue reading

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Overtime lawyers who fight for you near ChicagoMany workers have become accustomed to the standard 9-to-5 schedule, in which they work eight hours a day, five days a week. In some parts of the country, that has shifted to ten hours a day, four days out of the week. This gives employees a three-day weekend every week and some studies have shown this schedule actually boosts productivity.

The potential problem this new schedule poses has to do with overtime compensation. Under the federal Fair Labor Standards Act (FLSA), employees are entitled to one and one-half times their normal hourly wages for all time spent working after eight hours a day or forty hours a week. The Act does take into account the potential for the four-day workweek, but it has specific requirements for when employees can work ten-hour days without getting paid the proper overtime rate. Continue reading

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Chicago TCPA robocall and junk text attorneys in DuPage CountyDefendants in class action lawsuits sometimes try to avoid class certification by claiming it would be too difficult to identify and find all the potential class members. But just because something is hard doesn’t mean it’s impossible or not worth doing.

GE Capital Retail Bank is the latest corporation to use this excuse in an attempt to avoid a class action lawsuit. The bank is accused of violating the federal Telephone Consumer Protection Act (TCPA) by allegedly using an autodialer to send prerecorded debt collection messages to cellphone users who weren’t even customers of the bank. Continue reading

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Best wage and overtime lawyers near Evanston and BelvedereEvery state is different. In addition to the federal Fair Labor Standards Act (FLSA), which protects employees working throughout the country, each state has their own labor laws that cover employees working within the state. Employers conducting business in the United States need to be sure to abide by both state and federal labor laws. It can be confusing, but employers who allegedly fail to do so can find themselves facing a lawsuit, such as the one SoHo House West Hollywood LLC recently settled.

According to the wage and hour class action lawsuit, the Los Angeles location of the chain of luxury clubs allegedly failed to properly compensate its employees for overtime and missed breaks. Under the FLSA, all hourly non-exempt employees are entitled to one and one-half times their normal hourly rate for all overtime worked. The FLSA defines overtime as any time spent working after eight hours a day or forty hours a week.

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Top Class Action Lawyers near Wheaton IllinoisThere are few things more precious than privacy. Unfortunately, with technological advances, privacy is getting increasingly difficult to maintain. Most people are aware that companies like Google keep track of things like the searches made from individual computers. They can then use this information to target adds to the people who use those computers.

In an attempt to reign in large companies taking advantage of new technology in this way, legislators recently passed the Electronic Communications Act was, which makes it illegal for companies to share users’ information in certain situations. Continue reading

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Best class action lawyers near Naperville and WoodridgeNew science is always coming out to tout the benefits of this or that new drug or supplement. Recently, docosahexaenoic acid (DHA) has been touted as instrumental for maintaining a healthy brain. DHA is an omega-3 fatty acid that constitutes a primary structural component of the human brain, as well as other vital organs. As a result, drug companies have started including it in their supplements and advertising their products as having the ability to boost brain health and performance based on their inclusion of DHA.

For example, Bayer Healthcare allegedly advertised their Flintstones Healthy Brain Support Gummies as improving brain function because the gummies contain Omega-3 DHA. Liza Gershman has filed a class action consumer lawsuit against Bayer alleging there is no scientific evidence to support the assertion that DHA improves brain function. To back up this claim, Gershman sites five studies that found no significant difference between a placebo and DHA derived from algae (the same form of DHA used in Bayer’s supplements) on cognitive function. Continue reading

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Walgreens alleged supplement fraud -- Chicago attorneys investigating supplement fraudThe federal Food and Drug Administration (FDA) has strict standards for prescription drugs before they can be sold to the public. They must undergo rigorous testing to validate their ingredients and effectiveness before being allowed to go to market.

Not everyone wants to take prescription drugs though. Many people prefer to first try natural alternatives, and that often includes supplements. Other people use supplements simply to make sure they are getting enough of the proper nutrients if they think their diet might be lacking. Either way, there’s plenty of money to be made in the supplements industry, and that opportunity, coupled with a lack of regulations, creates a strong temptation for some manufacturers to cheat.

When there’s big money to be made, there are usually people in place to make sure nothing interferes. Senator Orrin G. Hatch, for example, was a sponsor and chief architect of the 1994 law exempting supplements from the FDA’s strict approval process used for prescription drugs. Hatch has accepted hundreds of thousands of dollars in campaign contributions from the supplement industry and repeatedly intervened in Washington against proposed legislation that would put in place more stringent rules regarding supplements. Continue reading

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Chicago class action lawyers near Aurora and St. CharlesCommunicating with other people is arguably the only reason we own and maintain phones. As soon as cell phones became widely available, text messages became a primary means of communication between friends and family. It is therefore understandable that a cell phone user would become upset if prevented from accessing her text messages. This is allegedly the case with people who had an iPhone and switched to an Android or another non-iOS phone.

According to a recent class action lawsuit against Apple, the company allegedly prevented iMessages from being delivered to non-iOS phones, even though the sender of the message would see the status of the message as “Delivered”. Instead of going to the recipient’s new phone, the messages were being rerouted to their iMessage account.

Apple has released a statement saying that the best way to avoid the problem is for users to deactivate their iMessage account and completely disassociate their number from their iMessage account. That is not stopping Adrienne Moore from pursuing her class action lawsuit against the tech giant.

Moore alleges that Apple’s message blocking interfered with her contract with Verizon Wireless for wireless service, which she kept after switching from an iPhone 4 to a Samsung Galaxy S5. She alleges that Apple interfered with her contract with Verizon because her contract allowed her to send and receive text messages, which Apple allegedly prohibited. Continue reading

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Chicago class action lawyers near Oak Brook and ElginThe Fair Credit Reporting Act was enacted in 1970 to protect consumers from being unfairly denied a mortgage, rental apartment, or job based on incorrect credit histories. With the advent and growth of the Internet and social media, the Act has all sorts of applications that its creators could never have dreamed of.

Although, like most social media, LinkedIn provides many of its services for free, it also offers a service call “Reference Search” to its premium account holders who pay a monthly fee. This service allows an employer or recruiter to generate a list of people in its own network who worked at the same company at the same time as a job candidate. It also allows premium members to contact the people who appear on those lists using the site’s messaging system. All this can be done without the job candidate ever knowing.

Tracee Sweet, the lead plaintiff in the class action lawsuit against LinkedIn, applied for a job at a hotel chain via the social media site. She claims she was denied the job because the hotel company, without telling her in advance, used the site’s reference search to locate references on her.

Joseph Roualdes, a spokesman for LinkedIn, said the company takes its member privacy very seriously and that it intends to fight the lawsuit, which it insists has no merit. He said that, “A reference search, which is only available to premium account holders, simply lets a searcher locate people in their network who have worked at the same company during the same time period as a member they would like to learn more about. … A reference search does not reveal that member’s nonpublic information.” Continue reading

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Chicago class action lawyers near Schaumburg and AuroraMany people believe that decisions made in courtrooms have little to do with anyone other than the people directly involved in the lawsuits, but that is not the case. When courts make a ruling, they have to consider not only the circumstances of the case before them, but how their ruling will affect other people in similar situations across the country.

One example of people misunderstanding the far-reaching implications of court decisions is right-wingers claiming that class action lawsuits are “frivolous” because they only benefit the attorneys representing the plaintiffs. People might assume this because the plaintiffs’ attorneys often take large cuts settlements and awards from class action lawsuits, while each individual plaintiff’s award is relatively small, but that doesn’t mean the rulings don’t benefit the plaintiffs or others. Just because a plaintiff suffers damage less than the cost of bringing a lawsuit, does not mean that their loss is insubstantial. For many people, a few hundred dollars could mean months of savings. Not to mention the numerous injunctions that come out of class actions, preventing future harm coming to any workers or consumers. Continue reading