NAVAJO TRUCK DRIVERS SEEK ORDER DETERMINING COERCIVE CONTRACT PROVISIONS ARE ILLEGAL AND UNENFORCEABLE: Boswinkle v. Navajo Express, Inc.

Complaint alleges that the “loser pays provision” and “class waiver” in truck drivers’ contract with Navajo Express are illegal and unenforceable.

Two truck drivers are asking a Colorado court to declare that two provisions of their contract are unenforceable. The workers allege that the “class waiver” and “loser pays provision” they challenge are designed to, and in fact do, prevent workers from holding Navajo Express accountable for legal violations, including misclassifying their workers as independent contractors. Far too often employers pack contracts with illegal terms designed to chill their workers from coming forward to report violations and recover unpaid wages. Towards Justice is proud to represent these workers, along with partners at The Kelman Buescher Firm, P.C.

Case Documents:

Complaint

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CALIFORNIA MULTI-LEVEL MARKETING WORKER SEEKS PENALTIES AGAINST AMWAY: Orage v. Amway Corp. et al.

In a complaint filed in California state court, a former Independent Business Owner (“IBO”) alleges that Amway failed to pay him and other workers minimum wages, provide them with the tools needed to do their job, and maintain appropriate employment records. The plaintiff seeks civil penalties on behalf of himself and other California workers under California’s Private Attorneys General Act.

Multi-level marketing (MLM) companies often employ workers as independent contractors, allowing them to avoid paying IBOs fair wages, workers compensation insurance and additional employee benefits.  Not only do MLMs often avoid paying the costs of having employees, but they also profit by charging IBOs fees and pressuring IBOs to make product purchases. Although Amway bills itself as a direct sales company, the suit alleges that IBOs spend the vast majority of their time trying to recruit new IBOs to Amway, and make few if any product sales.

Case Documents:

Complaint

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FLIGHT ATTENDANTS CHALLENGE FAILURE TO ACCOMMODATE PREGNANT AND BREASTFEEDING PARENTS: Hodgkins, et. al v. Frontier Airlines, Inc.

Complaint alleges that Frontier Airlines failed to accommodate pregnant and breastfeeding flight attendants. Plaintiffs seek damages and policy changes.

Four flight attendants are suing Frontier Airlines for discriminating against pregnant and nursing flight attendants. They allege that Frontier subjected them to risk of disciplinary action for necessary pregnancy-related absences and eventually forced them onto unpaid leave when they were no longer able to fly, with no possibility of receiving accommodations that would have enabled them to continue working. They further allege that although Frontier offered no paid parental leave and only a short unpaid leave following childbirth, Frontier nonetheless refused to provide or even consider accommodations relating to breastfeeding, leaving Plaintiffs with a choice between continuing to breastfeed or continuing to earn a paycheck. Plaintiffs seek damages and ask that Frontier change its discriminatory policies.

This case is part of a broader fight to ensure that pregnant and breastfeeding parents have equal access to the workforce. Towards Justice is proud to represent these workers, along with co-counsel from the Women’s Rights Project of the ACLU, the ACLU of Colorado, and Holwell Shuster & Goldberg, LLP.

Case Documents:

Complaint

Press Coverage:

NPR: Flight Attendants, Pilots Say Frontier Discriminated Against New Moms

The Denver Post: Group of female pilots, flight attendants file discrimination lawsuits against Frontier Airlines

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In The Courtroom

Our litigators help workers advance legal claims that address systemic injustice. We use antitrust, anti-slavery, fraud, wage-and-hour, and common-law challenges to address the wide variety of practices that nickel-and-dime low-wage workers out of their hard-earned wages. We have represented a hundred thousand childcare workers alleging wage suppression, tens of thousands of immigrant detainees alleging forced labor, and hundreds of construction workers, shepherds, manicurists, janitors, and kitchen hood cleaners. We are leaders in challenging anti-competitive practices that reduce worker bargaining power and support marginalized people who challenge structural impediments to their advancement.

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