Archives: Class Actions

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Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility

Despite significant legal obstacles, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center violated Title III of the Americans with Disabilities Act and its precursor, Section 504 of Rehabilitation Act, by failing to provide a level of care to safeguard their health and safety at its assisted living facility … Continue Reading

Massachusetts Hospitals May Not Require Mandatory Overtime For Nurses Beginning November 4, 2012

Massachusetts’ new law prohibiting hospitals from requiring nurses who deliver patient care to work mandatory overtime will become effective this November 4, 2012.  Employers should take steps now to prepare for this change.  To read more about the new legislation, see Mandatory Overtime Bill For Hospital Nurses In Massachusetts Becomes Law.… Continue Reading

U.S. Supreme Court Declines to Review Nurses’ FLSA Claim, Negotiated Pay Rate Arrangement Stands

The U.S. Court of Appeals for the Ninth Circuit in 2009 dismissed a registered nurse’s claim that a California hospital violated the Fair Labor Standard Act’s overtime provisions when it used different base hourly rates to calculate regular rates of pay depending on whether RNs chose to work an 8-hour or 12-hour shift.  Thus, the … Continue Reading

Rule 23(f)’s Fourteen Day Window Is “Rigid And Inflexible” Court Tells RNs.

On May 3, 2011, the Second Circuit rejected an appeal by a group of Registered Nurses (“RNs”) of the partial denial of their motion for class certification.   In a case pending since 2006, the RNs contend that certain hospitals in the Albany-Schenectady-Troy metropolitan area conspired to depress salaries in violation of the Sherman Antitrust Act, … Continue Reading