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Despite the schoolyard saying, words can hurt you. Negative information that gets spread through the public can affect both your personal and professional lives, which is why legislators have taken steps to protect citizens from language that has the potential to be harmful.

But the U.S. Constitution promises all its citizens the right to free speech. This is because the founders of our country wanted the people to feel safe to criticize public figures, including politicians. The idea is that, if people feel free to criticize public figures, it allows public discussion of those figures. The law asserts the people’s right to free and open discussion of the people they are voting to govern them because uninhibited discussion allows the people to make the most informed decisions when they go to the voting polls. Continue reading ›

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The federal Fair Labor Standards Act (FLSA) defines overtime as any time spent working after eight hours a day or forty hours a week. For most people, that means working eight hours a day, five days a week, but employees in some industries have odd shifts and their employers need to take this into account when calculating overtime.

In industries that need to be open during weekends, such as retail and healthcare, employees often take turns working weekends, leaving them with odd weeks. It is the employers’ responsibility to accurately calculate how much time employees spend working in a given week and compensate them accordingly.

According to a recent wage and hour class action lawsuit against CVS Pharmacy, the employer allegedly failed to properly define its workweek. The lawsuit alleges this resulted in employees getting paid straight time for their sixth consecutive day of work, when they should have been paid the premium overtime compensation of one and one half times their normal hourly rate for the whole day. Continue reading ›

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Pacific Sunwear of California Inc., better known as PacSun, is the most recent retailer to face a class action lawsuit alleging the employer used on-call shifts to avoid paying employees for shifts.

On-call shifts are when an employee is required to keep their schedule free in case their employer needs them to come in to work. They have to call the day of the shift to see if they have to come in to work. If they don’t have to go in to work, they don’t get paid, but chances are they’ve already lost out on other opportunities they could have taken advantage of during that time, like attending class or working another job. Continue reading ›

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Anyone who has shopped at Costco has seen people spread throughout the store, particularly in the food aisles, giving out samples and demonstrating how appliances work. Although they are a very familiar sight in the giant discount retailer, Costco Wholesale Corp. does not employee these people. Instead, they are supplied by Club Demonstration Services Inc. and Warehouse Demo Services Inc. (the two companies recently merged under the name Club Demonstration Services Inc.).

Selene P. and Cindy C. filed a class action wage and hour lawsuit against their employers for allegedly violating California wage and hour laws. Continue reading ›

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In the modern Digital Age, delayed gratification has become a thing of the past. Companies not only compete to provide us with the things we want, they compete to get them to us faster. Amazon Prime Now is a service the online retailer offers in which certain items are available for delivery within an hour or two after the customer places the order, but such immediacy comes with a cost.

Amazon partnered with Scoobeez, a courier company, to find drivers to deliver Amazon Prime Now goods. The delivery drivers were classified as independent contractors, but a recent wage and hour class action lawsuit alleges they did not meet the qualifications for that classification. Continue reading ›

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These days, the average person shares a lot of personal information with a variety of different institutions, but none is more sensitive than the companies that provide us with healthcare. Not only do those companies have access to our financial information (such as credit and debit card numbers), they also commonly have our social security numbers, which cannot be frozen or changed. This is in addition to having our email addresses, home mailing addresses, and various other sensitive information.

Given the level of trust we place in these companies, it’s reasonable to assume they’re doing everything in their power to protect our personal information, but a recent lawsuit against UCLA Health alleges the healthcare provider failed to take basic precautions, such as encrypting customers’ data. Continue reading ›

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As our world becomes increasingly digital, thefts are becoming less of the physical breaking-and-entering kind and instead deal with more theft of information. People steal credit card numbers, names, email addresses, home addresses, and all sorts of financial information. This puts those exposed in danger of identity theft, which can create enormous financial hassles by interfering with their taxes and credit ratings.

As digital theft has evolved, security has had to evolve with it. There are always ways of protecting yourself and others, and those who fail to take the necessary measures against hackers can be held accountable in the event that sensitive information is stolen. Continue reading ›

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The Internet has done a lot of wonderful things for us, including facilitating communication beyond what most people would have ever thought possible. This has proven to be both good and bad as people have the opportunity, not only to communicate with each other, but with the entire world regarding everything from national news to what they ate for breakfast.

When people talk about an organization or person online, it can frequently cause problems for the organization or individuals being talked about. It’s well known that the people who write online reviews are rarely the people who had a mediocre experience. It tends to be those who had an excellent or a terrible experience and that can result in a skewed online presentation of the organization or person. Continue reading ›

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More and more consumers these days are buying things with their credit and debit cards, instead of cash, especially large purchases. As a result, many retailers have security systems in place to protect themselves and their customers in the event of a cyber attack. For example, it’s now widely considered common practice to encrypt customers’ credit and debit card numbers.

According to a recent data breach class action lawsuit filed against Home Depot, the retailer allegedly failed to encrypt its customers’ credit card data or take other standard security measures.

Five former computer security employees of Home Depot have come forward to accuse the company of negligence. They allege Home Depot failed to follow basic industry standards, including scanning its customer systems on a regular basis. The retail giant also allegedly used outdated software and used only “C-level security,” claiming upgrades would be too expensive and disruptive to business. Continue reading ›

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When a large class action lawsuit is filed, it is often in the best interests of both parties to settle the lawsuit outside of court. Lawsuits can drag on in the courts for years and the larger the lawsuit, the longer the trial is likely to take. The result can turn out to be extremely expensive for both sides.

Defendants often choose to settle class action lawsuits because that allows them to avoid the hassle and expense of fighting a lengthy legal battle in court. You can never predict with 100% accuracy how a jury will rule, so by settling the dispute before it gets to a jury, defendants can avoid a lose, which could seriously damage their business. Settlement also helps the plaintiffs avoid the risk of a loss and collecting no damages and getting no relief from practices that they believe are illegal.  Continue reading ›

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