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Participants Sue Bronson Healthcare Plan over Inclusion of Fidelity Freedom Fund

Participants Sue Bronson Healthcare Plan over Inclusion of Fidelity Freedom Fund

June 14, 2021. By Anne Wallace.
Kalamazoo, MI On May 6, Susan Gleason and Candi Gabrielse filed a class action ERISA lawsuit against Bronson Healthcare Group Inc. in the Western District of Michigan. Gleason v. Bronson Healthcare is an example of increasingly distinctive subtype of breach of fiduciary duty lawsuits that focus on the relative cost and performance of two Fidelity investment funds, both of which were part of the Bronson Healthcare Group, Inc. 403(b) Tax Sheltered Matching Plan.

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Ecolab to Settle Overtime Lawsuit for $2.55 Million

Ecolab to Settle Overtime Lawsuit for $2.55 Million

June 11, 2021. By Anne Wallace.
San Francisco, CA Parties have asked the Northern District of California to approve an agreement to settle unpaid wages claims against Ecolab. If approved as expected, the settlement would end a lawsuit in which employees claim that they were misclassified as salaried workers and consequently deprived of overtime, double time and unpaid rest periods including meal breaks.

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3M Earplugs Bellwether Trial: So far a Draw

3M Earplugs Bellwether Trial: So far a Draw

June 10, 2021. By Jane Mundy.
Pensacola, FLThe second 3M earplug lawsuit ended with a win for the defense.  The Combat Arms Earplug manufacturer lost the first bellwether trial that ended with a $7.1 million win for veterans. Now, hundreds of thousands of victims with hearing loss allegedly from defective earplugs await the third and final trial on June 7th in Pensacola.

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California Supreme Court to Rule on Rest and Meal Premium Payments

California Supreme Court to Rule on Rest and Meal Premium Payments

June 8, 2021. By Anne Wallace.
Los Angeles, CA On May 18, the California Supreme Court heard arguments about what the phrase “regular rate of compensation” means for the purpose of calculating premium payments that must be paid when employers fail to offer meal and rest breaks as required by the California Labor Code. More specifically, the questions are: Does the phrase “regular rate of compensation,” as used in Industrial Wage Order No. 5-2001, mean the same thing as “regular rate of pay” under California Labor Code Section 226.7? Must the premium payments required by Wage Order No. 5 include any additional incentive compensation such as nondiscretionary bonuses, or are they limited to an hourly worker’s base wage?

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In-N-Out Burger Accused of California Labor Violations

In-N-Out Burger Accused of California Labor Violations

June 7, 2021. By Jane Mundy.
Los Angeles, CA A former employee of In-N-Out Burger accuses the fast food restaurant chain of numerous California Labor Code violations, and unfair business practices, from COVID protocol failure to retaliation for whistleblowing. Luis Becerra is seeking to represent current and former In-N-Out employees dating back to January 2020.

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Kaiser Permanente settles two race discrimination class-action lawsuits totaling $18.9 million

Kaiser Permanente settles two race discrimination class-action lawsuits totaling $18.9 million

June 4, 2021. By Jane Mundy.
San Francisco, CA After more than two years of negotiations, Kaiser Permanente has settled two class action lawsuits claiming that it discriminated against employees on the basis of race and in violation of the California Labor law.

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Recent Studies Show Other Side Effects, including certain Cancers, with Long-term PPI Use

Recent Studies Show Other Side Effects, including certain Cancers, with Long-term PPI Use

June 3, 2021. By Jane Mundy.
Santa Clara, CA For more than a decade, studies have shown that proton pump inhibitors (PPIs) are associated with serious side effects, including kidney failure and other injuries. Researchers now add to “other” injuries biliary track cancer, gallbladder cancer and cholecystitis (inflammation of the gallbladder) and might be carcinogenic.

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