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It has been reported that the New York Attorney General’s Office has asked a group of some of the largest retailers in America to provide records in an investigation for labor law violations. The Gap, Inc. is one of the retailers that received notice of the investigation which is looking into a practice that many retailers call on-call shift scheduling. If you are an employee or former employee of the Gap Inc., you may have a claim. If the Gap has scheduled you or designated you to be “on-call shift” which requires you to have little advance notice on what you hours you will be working, you might be owed overtime pay. Please contact us at 424-245-5505 or through the form on this page.

Background

Gap Inc. is a leading global retailer offering clothing, accessories and personal care products for men, women and children under the Gap, Banana Republic, Old Navy, Athleta and Intermix brands. Gap Inc. products are available for purchase in more than 90 countries worldwide through about 3,300 company-operated stores, almost 400 franchise stores, and e-commerce sites.

It is reported that when an employee works an “on call shift,” they find out if they are scheduled for work just hours prior to, or the night before the start of a shift. If they are told to stay home, employees are not paid. These schedules allegedly make it difficult for employees to manage family needs like child care and school schedules. It has been reported that Gap has required employees to remain on-call, and to check in by telephone, text message or email before a scheduled shift to see if they are needed.

This type of labor scheme reportedly allows retailers to adjust staffing based on store traffic forecasts made by scheduling software. Allegedly, the companies can then reduce over-staffing and under-staffing. It has been reported that the “on-call” practice may violate the law, where employers are subject to a rule that says employees who report for a scheduled shift on any day have to be paid for at least four hours at the basic minimum hourly wage. The Gap reportedly has said it is committed to scheduling practices and is conducting research on the matter. Workers have reported that unpredictable scheduling is one of the key challenges facing low-wage workers.

Fair Labor Standards Act

The FLSA was enacted to protect workers’ rights to fair pay and to protect employees from potential abuse from employers. That section requires that, unless otherwise specified and agreed upon, an employer cannot force an employee to work beyond the maximum number of 40 hours a week. If an employee does work over those 40 hours per week, they must be paid 1.5 times their regular pay for each hour worked beyond the maximum 40 hour week. For more on how you can hold employers to account for their actions, read our previous post on employer responsibilities.

Protect Yourself and Your Family

The U.S. Labor Department has reportedly said it is aware of the on-call shift scheduling concerns and is looking into the matter. Our attorneys are investigating on-call shift allegations. To determine whether you or someone you know are eligible to be part of a class action, please contact us at 424-245-5505 or through the form on this page.

A recent investigation by the New York Attorney General’s Office has called into question the practice of “on-call” or “call-in” shift scheduling, used by many nationwide retailers. When a retailer utilizes call-in shift scheduling, employees are typically required to hold their schedules open for shifts for which they may or may not be asked to work. This type of scheduling has become extremely common, which prompted the New York Attorney General’s labor bureau to send letters to 13 retailers that it believes may not have compensated workers for call-in shifts. Burlington Coat Factory was among the companies targeted in the investigation. If you work, or have worked, for Burlington Coat Factory, and have been scheduled for call-in shifts without getting paid for your time, please contact us at 424-245-5505 or through the form on this page.

Background

Burlington Coat Factory is a leading off-price apparel and home product retailer. The company started in 1924 as a wholesaler of ladies coats. Today, Burlington Coat Factory operates 544 stores in 44 states and Puerto Rico, and has over 28,000 employees. As stated above, Burlington Coat Factory is reported to be one of many nationwide retail chains that employ call-in shift scheduling to staff its sales floors. This type of scheduling allows retailers to minimize labor costs, but comes with a huge price to employees who receive no guarantee of work or pay.

Legality of Call-In Shifts Questionable

It has been reported that typically, when a retail worker’s shift takes the form of “call-in” work, the company keeps the employee on the hook up until the time of the shift. Workers are unable to take other paid work or take classes during the scheduled call-in shift because they must remain available in the event that they are needed at the store. Further, it is believed that many retailers do not pay employees when shifts are canceled.

Victoria’s Secret was recently sued in California for scheduling call-in shifts. The lawsuit claims in part that companies that require workers to be available on-call should pay them if their shifts are canceled. Many states, including New York and California, have laws that require employers to pay hourly staff when they report to work and their shift is canceled; it is believed that the same protection should be extended when workers are scheduled on-call.

Additionally, some chains reportedly have strict attendance policies that accompany call-in shift scheduling. Allegedly, employees who miss making a call in the required time frame prior to a shift, or who do call but cannot make it to work on time, can receive the same punishment as someone who skips a regularly scheduled shift.

“Call-in” shift scheduling has proved detrimental to retail workers in the current economy. Many people work several part-time jobs, and are not able to schedule shifts when they are already on-call. The lack of stability that comes with call-in shifts has become an unhappy reality of retail employment, but despite the unfairness and uncertainty most low-wage workers can’t walk away from companies that schedule this way.

Please Contact Us

Lawyers are currently researching class action claims against Burlington Coat Factory stores, which are believed to have scheduled “call-in” shifts without paying employees. If you work, or have worked, for Burlington Coat Factory, and have been scheduled for call-in shifts without getting paid, please contact us at 424-245-5505 or through the form on this page.

Contact our attorneys if you have any questions or concerns regarding this investigation.

It has been reported that people working for Task Rabbit as independent contractors have raised concerns over whether they should actually be considered employees of the company. The possibility has been reported that thousands of workers have been misclassified by companies in the on-demand economy. Many current and former workers who worked for companies that employ independent contractors to perform jobs are now questioning whether their legal rights have been violated under current labor laws. If you or anyone you know has worked as an independent contractor for Task Rabbit, then you may be part of a class action lawsuit. An investigation into this matter is ongoing. Please contact us at (213) 217-5019.

Background

Taskrabbit was founded in 2008 and was reportedly valued at more than $150 million in 2012. It has raised capital in excess of $38 million as of July 2015. The company, which is based in San Francisco is said to have over 50 full-time employees and more than 50,000 ‘taskers’, who work as independent contractors, signed up to take job assignments. The company uses a downloadable mobile phone app which pairs people who have small tasks to be done with people who are willing to do those tasks for a price. It has been reported that TaskRabbit requires that taskers wear uniforms, use the TaskRabbit app exclusively for scheduling, chatting and booking jobs, and use the tasker calendar for availability and scheduling.

Independent Contractor vs. Employee

Whether a worker is an employee or independent contractor is usually determined by a number of factors. One factor for judging whether the person is an employee or independent contractor is if the company has control or the right to control the worker as to the work getting done and the way the work is performed. Other factors that may come into play are:

• If the person employed does work that is different from that of the principal
• Whether or not the work is a part of the regular business of the employer
• If the worker or the company supplies the gear, tools, and the place for the work to be done
• The alleged worker’s investment in the equipment or materials required by his or her task or his or her employment of helpers
• If the work that is done requires a special skill
• If the particular kind of work is usually done according to the rules of the employer or by a specialist without any help
• The alleged employee’s opportunity for profit or loss depending on his or her managerial ability
• The length of time that the work is to be done
• How permanent the working relationship is
• How the work is paid for, whether by time or by the job

For more on recent court rulings in independent contractor lawsuits, click here.

Please Contact Us

If you or anyone you know has worked for TaskRabbit as an independent contractor and experienced this sort of treatment, then you may have a claim. An investigation into this matter is ongoing. Please contact us at (213) 217-5019.

The data breach reported by AdultFriendFinder.com is the latest in a trend that has affected multiple dating, or hook-up, sites and millions of their customers. The number reported by the British television station that first broke the story was approximately 3.9 million people who were put at risk. Current users have reportedly been victimized by hackers in this data breach, with former customers’ personal information being stolen as well. If you or anyone you know has been a member of AdultFriendFinder.com, then you may be part of a class action lawsuit. An investigation into this matter is ongoing. Please contact us using the form on this page or call us at 424-245-5505.

Background

Adult Friend Finder, or “AFF” is an online dating service and swinger personals community website that caters to adult-oriented social networkers. AFF allows members to interact online, meet new friends, and to seek out like-minded sex partners promoting cybersex, BDSM, threesomes, and other sexual fantasies. It has been reported that among the nearly 4 million affected customers, many employees of American governmental agencies, U.S. senators and members of Congress, as well as corporate executives from many industries, have had their personal data compromised in this latest dating site security breach.

AFF Hack

The AFF hack is different than past hook-up site hacks because of the alleged motivation of the hacker. A hacker going by the alias ROR(RG) has reportedly claimed their motivation for stealing and selling the data of millions of AFF members is because AFF owed money to an acquaintance of the hacker. The AFF stolen information was reported by the British television station to have been found for sale on a hacker forum.

This is currently under investigation but will most likely give current and former customers a reason to contact an AFF attorney for potential claims against the company. If you or anyone else has been victimized in this way, you may be part of a class action lawsuit. Please contact us using the form on this page or call us at 424-245-5505.

Data Breach

A data breach occurs when an unauthorized party views, accesses, or retrieves protected or confidential data belonging to another person. One of the most common types of data breach is a cyber-attack. Criminal hackers target organizations to illegally gain access to the secure information within. Although companies and other organizations are targeted, it is usually private citizens’ information that the hackers are after. The personal and financial information of millions of people can quickly be stolen all at once during a data breach. Once hackers have illegally gotten the information they usually use it to commit credit card and identity fraud. However, in cases like Adult Friend Finder, the hackers instead sell the stolen information. This potentially creates many more opportunities for criminals to commit fraud using the stolen information. For more information on how data breaches can destroy lives, click here.

Please Contact Us

If you or anyone you know has been an Adult Friend Finder user, then you may have a claim. Please contact us at 424-245-5505.

Ashley Madison Class Action

AshleyMadison.com has recently suffered a data breach. If you have ever had a user account with Ashley Madison or “AM”, your personal information may have been stolen.  The information may also have been sold or posted online. Please contact us using the form on this page or call The Class Action News at 424-245-5505.

Background on AM Extortion

Avid Life Media has reported that its websites AshleyMadison.com, CougarLife.com, and EstablishedMen.com have recently been attacked by hackers. In the AM hack, the hackers have cracked the website’s security, stolen information from millions of users, and have threatened to expose the information online. The AM stolen records include personal data including email addresses, mailing addresses, computer IP addresses, usernames, dates of birth, marital status, and the sexual preference of the user. Within hours of the Ashley Madison data breach, hackers have begun to threaten exposing the victims through the Internet. It is unknown at this point if credit card information has been used for fraud.

The data breach was first reported by the website Krebs on Security, which said that a team of hackers calling themselves the Impact Team had breached Avid Life Media’s data banks. It was also reported that the hackers claim to have infiltrated the Ashley Madison site because of the AM delete profile feature which falsely promised to fully erase all customer data for a price. The hackers allegedly claimed that the offer was fraudulent as customer data was not actually fully erased from the site. It is also reported that even deleted accounts have had their information stolen. Any information ever entered into the Ashley Madison name list or email list is at risk. Deleted accounts offer no protection against the data breach.

Avid Life Media is an internet-based social networking company. The company has many millions of users in its network of websites. The company’s subsidiaries, and the confirmed targets of the hack, AshleyMadison.com, CougarLife.com, and EstablishedMen.com have all been compromised.

Ashley Madison Data Breach

A data breach occurs when an unauthorized person views, accesses, or retrieves protected or confidential data belonging to another. One of the most common types of data breach is a cyber attack. Computer hackers target organizations to illegally gain access to the secure information within. Although companies and other organizations are targeted, it is usually the information of individual people that the hackers are after. The personal and financial information of millions of people can be gathered all at once during a data breach. Once hackers have the information they usually use it to commit credit card and identity fraud. However, in cases like the AM lawsuit, with the sites Ashley Madison, Cougar Life, and Established Man, the hackers instead threaten to expose the customers’ identifying information. The AM hack potentially creates many more opportunities for criminals to commit fraud using the stolen information as well. For more information on how data breaches destroy lives, click here.

Ashley Madison – Potential Class Action

Ashley Madison has been the target of a data breach. It has been confirmed that at least 37 million users have had their information stolen. The stolen data is being used to threaten the company to force it to shut down and may potentially be used to commit criminal fraud. If you have ever had a user account with Ashley Madison, Cougar Life, or Established Men websites, your personal information may have been stolen. Please contact us using the form on this page or call The Class Action News at 424-245-5505. You may be part of a class action lawsuit.

Microsoft Possible Robotext Class Action

Microsoft has reportedly violated the Telephone Consumer Protection Act by sending text messages to unsuspecting consumers. The company reportedly used social media posts on various websites to collect consumer information, specifically phone numbers. It is a violation of the Telephone Consumer Protection Act to send unsolicited telemarketing texts without consent from the person who receives the message. If you or anyone you know has received unsolicited text messages from Microsoft, then you may be part of a class action lawsuit. An investigation into this matter is ongoing. Please contact us using the form on this page or call us at 424-245-5505.

Background
The TCPA was passed by Congress in 1991. It lays out the rules for how and using what type of technology companies can use to contact people for delivering marketing information, situation updates, and even emergency information. For instance, the TCPA makes it illegal for companies to send text messages to people who have not given their express written prior consent to receive them. It is reported that many companies that offer promotions, accounts and services to people through the Internet have been requiring people to give consent to be contacted by calls and text messages to their cell phones as a condition of approval to receive services or a membership. For more on the TCPA and how it protects your rights as a consumer, click here.

Microsoft’s Robotexts
It is reported that Microsoft worked with a marketing company called HelloWorld Inc. to collect consumers’ phone numbers through social media networks by offering promotional items. The deceptive posts on Facebook, Instagram and Twitter encouraged people to send text messages to a promotional phone number in exchange for a chance to get free products or receive exclusive news from the company. People found that they were receiving text message advertisements from Microsoft after having given their numbers to these promotional contests.
The promotional media posts never disclosed to people that entered them that Microsoft would illegally use their numbers for marketing purposes. Some people allegedly began receiving marketing text messages for Microsoft products after texting the word “gamer” to a number given in a Microsoft advertisement on Twitter. The promotion promised access to special offers and news. It is reported that other customers started receiving unwanted text messages after texting “surprise” to a number in Microsoft advertisement on a social website. The people were supposed to receive free products after texting to the number in the advertisement. If you or anyone else has been victimized in this way, you may be part of a class action lawsuit. Please contact us using the form on this page or call us at 424-245-5505.

Please Contact Us
If you or anyone you know has received text messages without giving your consent, from Microsoft or any other company, then you may have a claim. Please contact us at (213) 217-5019.

Ashley Madison Data Breach

It has been reported that hackers have been able to gain access into the Ashley Madison database, and have reportedly stolen the names and the addresses, along with other personal information about the users. It has been reported that the hackers have released a small amount of this user information already, and have allegedly threatened to release more information if the Ashley Madison site and a similar site named Established Men, are not taken down. It has also been reported that Ashley Madison and Established Men are both owned by a firm known as Avid Life Media (ALM). It is reported that the hackers have alleged that AshleyMadison promised to erase user information for a fee, but that AshleyMadison reportedly did not actually erase the real names and addresses of users.

If you or anyone you know has either used or created a profile on the dating website AshleyMadison.com, then you may be part of a class action lawsuit. An investigation into this matter is ongoing. Please contact us at (213) 217-5019.

Background

AshleyMadison.com is reportedly a dating website for those looking to have affairs outside of their marriage. It is reported that the company’s slogan is “Life is short. Have an affair.” It is also alleged that AshleyMadison.com may have over 37 million users, with most users reportedly located in the United States and Canada.

It is reported that AshleyMadison.com is owned by a Canadian based firm known as Avid Life Media. The other site which is also reportedly similar in nature, is also reportedly owned by Avid Life Media. This site is known as Established Men.

Ashley Madison Database Breach

A data breach occurs when a person who does not have permission to access certain information of another, is able to view or access that information. A well known type of data breach occurs when hackers are able to hack into computer systems and target personal information, for example.

In this case, the hackers have allegedly said that they decided to publish the user information because Ashley Madison reportedly did not delete user information when it allegedly told users that their personal information would be deleted.

It is reported that Ashley Madison allowed users to pay a 19 dollar fee in order to use Ashley Madison’s alleged “full delete” option. The hackers allegedly claim that the “full delete” option would delete the user history on the site, along with any information that would reportedly personally identify the user. It is reported that the hackers stated that AshleyMadison did not actually delete all of the personal user information, such as a user’s real name or real address.

Further, it has been reported that the hackers have instructed Avid Life Media, who owns Ashley Madison and Established Men, to permanently take down both sites. It is alleged that the hackers have stated if the sites are not taken down, they will continue to release the stolen personal data of the customers, including actual user names and addresses, along with credit card transactions, and other personal information compromised, such as the information users have reportedly posted on the Ashley Madison website.

It has also been reported that as of now, it appears only a small amount of the account data of AshleyMadison users has been leaked.

Please Contact Us

If you or anyone you know has either used or created a profile on the dating website AshleyMadison.com, then you may be part of a class action lawsuit. An investigation into this matter is ongoing. Please contact us at (213) 217-5019.

Massive Tainted Chicken Recalls

Purchasers of chicken products may be part of a class action lawsuit due to salmonella. Several million pounds of frozen chicken is being recalled after 11 people reportedly got sick from salmonella poisoning. Recently the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced a massive recall of millions of pounds of chicken due to possible salmonella contamination which was distributed by Aspen Foods, Barber Foods and Murray Inc. It’s time to check your refrigerator and freezer — the recall includes frozen, raw, stuffed and breaded chicken items. The brands recalled include:

• Acclaim • Oven Cravers • Antioch Farms • Rose
• Buckley Farms • Rosebud Farm • Centrella Signature • Roundy’s
• Chestnut Farms • Safeway Kitchens • Family Favorites • Schwan’s
• Kirkwood • Shaner’s • Koch Foods • Spartan
• Market Day • Sysco

An investigation into this matter is ongoing. If you, a friend or family member have suffered as a result of a recalled chicken product which results in injury or hospitalization, you may be part of a class action lawsuit. Please contact us at 424-245-5505.

Background

Aspen Foods, a division of Koch Poultry Company of Chicago, is recalling approximately 1,978,680 pounds of frozen, raw, stuffed and breaded chicken product that may be contaminated with Salmonella Enteritidis, according to the U.S. D. A. Food Safety and Inspection Service (FSIS). The poultry product was produced between April 15 and July 10 with “best if used by” dates between July 14, 2016 and October 10, 2016. The potentially tainted items have the company number “P-1358” inside the USDA inspection mark and were shipped across the country. For a complete list click here .
This comes on the heels of a separate massive chicken recall from Barber Foods totaling 1.7 million frozen, raw, stuffed, chicken products that may be contaminated with Salmonella. For a complete list click here. These two recalls alone totaled 3.7 million pounds and approximately 18.7 million pounds of potentially tainted food were recalled during the entire year in 2014.
Additionally, on June 23, the USDA’s inspection branch was notified of a cluster of Salmonella illnesses. As a result, Murry’s Inc. recalled about 20,000 pounds of Bell & Evans gluten-free breaded chicken breast nuggets due to Staphylococcal enterotoxin contamination. The Center for Disease Control (CDC) reports that Staphylococcal food poisoning will cause nausea, vomiting and stomach cramps for up to three days.

U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS)

Consumption of food contaminated with Salmonella can cause salmonellosis, one of the most common bacterial food borne illnesses. The most common symptoms of salmonellosis are diarrhea, abdominal cramps, and fever within 12 to 72 hours after exposure to the organism. The illness usually lasts 4 to 7 days. Most people recover without treatment. In some persons, however, the diarrhea may be so severe that the patient needs to be hospitalized. Older adults, infants, and persons with weakened immune systems are more likely to develop a severe illness. Individuals concerned about an illness should contact their health care provider.

Potential Class Action

If you, a friend or family member have suffered food poisoning as a result of a recalled product which results in serious injury or hospitalization, there is good news:  you have legal options. Please contact us using the form on this page or call us at 424-245-5505.