Monthly Archives: April 2010

Massive Class Action Against Walmart is Affirmed by the Ninth Circuit

April 26th, 2010

The blog has previously covered employment lawsuits against Walmart, especially the massive Title VII case out of San Francisco and several Age Discrimination in Employment Act actions pending throughout the nation. Sarelson Law Firm actually is involved in some of the ADEA cases against Walmart.
The San Francisco-based Ninth Circuit Court of Appeals, sitting en banc with 11 judges participating, upheld the district court’s certification of a class of nearly 1.5 million female employees of Walmart. The decision was 6-5 in favor of class certification, and two judges wrote blistering dissents. In light of the potentially billion dollar exposure for Walmart, you can bet a petition for certiorari with the Supreme Court is being briefed as I write this.
Here’s a link to the Ninth Circuit’s opinion — it is too large to post here. Questions about Title VII, class-actions, or age discrimination lawsuits? Contact Sarelson Law Firm today.

Posted in Age Discrimination, Class and Collective Actions, Sarelson Law Firm Matters, Sex Discrimination | Comments Off

International Shipping Partners Class Action Alleges Unpaid Wages and Overtime

April 18th, 2010

Sarelson Law Firm has filed a putative class action lawsuit against Miami, Florida-based International Shipping Partners, Inc. for not paying employees proper wages and overtime. The lawsuit seeks class action status for all on-board employees who are not exempt seamen under the Fair Labor Standards Act. The word “seamen” has a very narrow and precise meaning in the law, so many employees who work on a ship, and even some who are called “seamen,” are still entitled to overtime pay. ISP owns and manages ocean going vessels.
The lawsuit currently has four named plaintiffs and can be found here:
Moreno v. International Shipping Partners Class Action
If you have any questions about this lawsuit, please feel free to contact the Firm today.

Posted in Class and Collective Actions, Sarelson Law Firm Matters, Unpaid Overtime | Comments Off

Breaking News: Major Law Firm Forced to End its Mandatory Retirement Program

April 9th, 2010

Many employment lawyers and non-employment lawyers at large law firms have been following the EEOC’s lawsuits against Sidley and Kelley Drye. These firms, like many law firms and other businesses, have mandatory retirement policies. Under the Age Discrimination in Employment Act, mandatory retirement policies are almost certainly illegal.
The issue for law firms is whether “partners” are “employees” within the meaning of the ADEA. Normally the owners of a business are not treated as employees, but most partners at large law firms, even equity partners, are more akin to employees than to owners.
Kelley Drye has agreed to change its mandatory retirement policy, and it will allow partners who reach age 70 to keep their equity. The firm will not confirm that it changed its policy in response to the EEOC lawsuit, but clearly it had to have played some role.
It remains to be seen what other large law firms modify their mandatory retirement policies in the wake of Kelley Drye and Sidley.

Posted in Age Discrimination | Comments Off