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US Magistrate Judge Eric Long has issued a letter to counsel in the Welcome Inn case that could be near settlement. In a Jan. 28 letter, Judge Long set out what needed to be done before the settlement conference scheduled for Feb. 22. The judge posed several questions that required an answer prior to the conference, including whether the parties want the settlement terms on the record and how soon the checks and closing documents could be received. The court is seeking to settle the case to save time and avoid costly litigation. The plaintiffs filed suit against the defendants Jan. 28, 2017. Since then, many documents have been filed with the court. Case History Plaintiffs April R. Brashier, Richard M. Orencia, and Chad Lebow filed a lawsuit against Quincy Property LLC, doing business as “Welcome Inn,” and against Brett Burge, Kenneth Logan, Quentin Kearney and Joe Wimberly under FLSA and Illinois Wage Laws. The lawsuit, filed on Jan. 28, 2017, alleges the plaintiffs worked at the defendants’ hotels and weren’t paid overtime due under the Fair Labor Standards Act, or FLSA. The plaintiffs further allege they were misclassified as salaried employees exempt from FLSA, and that the defendants illegally deducted amounts from their pay in violation of FLSA. Under FLSA, employees may bring a collective action against an employer to recover unpaid overtime or minimum wages. Unlike class action suits under the Federal Rule of Civil Procedure, whereby potential plaintiffs are included unless they opt out, potential plaintiffs in FLSA collective actions must affirmatively opt in to the suit, according to Cornell Law School. Brashier claims in court documents she was unjustly terminated at Welcome Inn for complaining about a lack of overtime pay, and threatened with illegal wage deductions. Lebow alleges the defendants also retaliated against him. He claims they reduced his wages and/or tried to intimidate him by “strictly scrutinizing his work because he requested overtime pay.” Judge Long requests Judge Long also asked the parties what will happen if they don’t settle the case and if they have any alternative to a negotiated settlement. “Also, it is important that you conduct meaningful settlement negotiations, including a demand by the Plaintiff(s) and an offer by the Defendant(s), prior to the settlement conference,” Long wrote. “If as a result of those negotiations you determine that the case cannot be settled, please notify me immediately. I do not want to compel you and your clients to engage in a hopeless exercise.” Long also question whether there was valid insurance coverage, and if so, what amount. “If coverage is at issue, or the amount/type affects settlement value, have you notified the other side? Do we need to include the representative from more than one company/carrier?” The parties with ultimate settlement authority must be personally present at the settlement conference, Long said.

New York Governor Andrew Cuomo wants to make it a felony to assault a working journalist, bringing it from a misdemeanor to a class D felony. “Reporters have a tough enough job as it and it is unacceptable and unconscionable that they increasingly have to endure the threat of physical harm just for doing their jobs,” said Cuomo, a Democrat. “While the current federal administration is fostering an environment that normalizes and even encourages attacks on the press, New York is taking a stand. It is my hope that other states join us in enacting these protections into law once and for all.” Cuomo, whose brother Chris Cuomo is a primetime CNN host, blamed the Trump administration for launching “an attack on the press, labeling journalism it does not like as ‘fake news’ to advance the administration’s own agenda and inspire hatred of the media among the public.” The proposal has been met with skepticism — from journalists. A syndicated editorial from the New York Daily News states, “Thanks but no thanks. In a free society, there is no consistent and principled definition of what a journalist is.” It continues, “Every day, thousands of New Yorkers tweet in real time about the conditions of their subways and streets and neighborhoods, about crimes they witness and other things. They attend public hearings and community board meetings and tell their neighbors about what they see and hear. Are they journalists? “Assault, obviously, is already a crime in New York — either a misdemeanor or felony, depending on the severity of the injury. For a select few victims, generally individuals who are performing sensitive and dangerous work on behalf of the public like EMTs, health inspectors and transit workers, the law upgrades misdemeanor assault to felony assault.” Others have expressed similar opinions. David Andreatta, a columnist for the Rochester Democrat and Chronicle in upstate New York, warned that giving special treatment to journalists can lead to a slippery slope, writing “There’s no end to the number of jobs that prompt visceral reactions from some segment of society. Why not debt collectors, defense attorneys, parking enforcement officers and artists? Are we to upgrade misdemeanor assault to a felony for all of them?” Professional journalists aren’t required to be licensed or registered in the state of New York. Marwa Fahes gives a good description of the difference between citizen journalism and traditional journalism. The governor’s Democratic party controls both houses of the New York state legislature.

Settlement negotiations are underway in the Welcome Inn case, according to the most recent court filings. The parties held a telephone status conference on Jan. 11 before Magistrate Judge Eric I. Long. Attorney John Ireland represented the plaintiffs, former employees of the Welcome Inn hotel in Quincy, IL., and Kevin Doherty and Thomas Luetkemayer stood for the defendants, the owners of Quincy Property LLC and proprietors of the hotel. The status of the case and discovery were discussed as well as mediation. Ireland offered a settlement demand by the plaintiffs. The defendants had until Monday, Jan. 21 to file their response. Case History Plaintiffs April R. Brashier, Richard M. Orencia, and Chad Lebow filed a lawsuit against Quincy Property LLC, doing business as “Welcome Inn,” and against Brett Burge, Kenneth Logan, Quentin Kearney and Joe Wimberly under FLSA and Illinois Wage Laws. The lawsuit, filed on Jan. 28, 2017, alleges the plaintiffs worked at the defendants’ hotels and weren’t paid overtime due under FLSA. The plaintiffs further allege they were misclassified as salaried employees exempt from FLSA, and that the defendants illegally deducted amounts from their pay in violation of FLSA. Under FLSA, employees may bring a collective action against an employer to recover unpaid overtime or minimum wages. Unlike class action suits under the Federal Rule of Civil Procedure, whereby potential plaintiffs are included unless they opt out, potential plaintiffs in FLSA collective actions must affirmatively opt in to the suit, according to Cornell Law School. Brashier claims in court documents she was unjustly terminated at Welcome Inn for complaining about a lack of overtime pay, and threatened with illegal wage deductions. Lebow alleges the defendants also retaliated against him. He claims they reduced his wages and/or tried to intimidate him by “strictly scrutinizing his work because he requested overtime pay.” Settlement Possible  Another telephone conference has been set for Jan, 24 at 10 a.m. This conference will determine whether the parties agree to settle or if the case will go to trial. The case is entering its third year with back and forth court filings and no resolution.