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Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million.

Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million. August 16, 2018. By Jane Mundy.
Oakland, CA: A California judge has given the green light to settle several California labor lawsuits alleging the retail giant violated California’s Private Attorneys General Act by failing to provide seating for more than 90,000 cashiers.
Read [ Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million. ]

Cash America Pawn, or First Cash Management Facing Overtime Lawsuit

Cash America Pawn, or First Cash Management Facing Overtime Lawsuit August 14, 2018. By Jane Mundy.
Memphis, TN: A former Store Manager recently filed an employment complaint against First Cash and Cash America (also known as Cash America Pawn) for unpaid overtime compensation. “We estimate that 1,000 store managers nationwide have been misclassified and eligible for overtime,” says attorney Alan Crone, “and upwards of 3,000 employees may have an overtime claim against Cash America Pawn for violating the Fair Standards Labor Act.”
Read [ Cash America Pawn, or First Cash Management Facing Overtime Lawsuit ]

Drywall Contractor Fined $2 million; Is California Wage Theft Rampant?

Drywall Contractor Fined $2 million; Is California Wage Theft Rampant? August 10, 2018. By Jane Mundy.
Los Angeles: After workers at Fullerton Pacific Interiors Inc., complained about California labor law violations to the non-profit Carpenters Contractors Cooperation Committee, the California Labor Commissioner’s Office stepped in. Investigators found that the drywall company paid a daily rate that didn’t include overtime hours or rest breaks and 28 workers were not even paid minimum wage. Fullerton was fined nearly $2million for wage theft violations.
Read [ Drywall Contractor Fined $2 million; Is California Wage Theft Rampant? ]

Ninth Circuit Says Pension Plan Participants Cannot be Forced to Arbitrate

Ninth Circuit Says Pension Plan Participants Cannot be Forced to Arbitrate August 9, 2018. By Anne Wallace.
San Francisco, CA On July 24, 2018, the Ninth Circuit held that the plaintiffs in a pension plan lawsuit could continue their legal fight as a class action, rather than having to arbitrate individually.Munro v. University of Southern California is a major victory for ERISA plan participants who were required to sign individual arbitration agreements as a condition of employment. The Court likened these ERISA lawsuits to whistle blower lawsuits–essentially viewing the plaintiffs as public prosecutors acting in defense of the pension plan itself. This is a very broad argument that may ultimately have wider legal implications.
Read [ Ninth Circuit Says Pension Plan Participants Cannot be Forced to Arbitrate ]

SoCal Drywall Company Fined $1.9M for Wage Theft Violations

SoCal Drywall Company Fined $1.9M for Wage Theft Violations August 7, 2018. By Lori Prapas.
Fullerton, CA According to California’s Division of Labor Standards Enforcement, it is a known problem: construction companies often pay workers a flat rate rather than for all hours worked, in order to evade having to pay workers the rate required under state laws. This is wage theft, and it is a violation of California state labor laws. The state Labor Commissioner’s Office began an investigation into Fullerton Pacific Interiors Inc. (“Fullerton’s”) practices after employees reported the company to a nonprofit labor management organization, Carpenters Contractors Cooperation Committee. The outcome of that investigation was a $1.9 million dollar penalty, to be distributed primarily to the workers who were shorted pay.
Read [ SoCal Drywall Company Fined $1.9M for Wage Theft Violations ]

California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work

California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work August 3, 2018. By Anne Wallace.
Los Angeles, CA Why should a worker bear the burden when an employer can’t keep track of time? With this question, the California Supreme Court threw open the doors to California labor lawsuits on behalf of workers who are tired of being nickel and dimed out of their pay for brief, but repeated, stints of off-the-clock work.
Read [ California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work ]

Flight Attendants Anticipate $60 Million Award for California Labor Law Violations

Flight Attendants Anticipate $60 Million Award for California Labor Law Violations July 25, 2018. By Lori Prapas.
San Francisco, CA Several years after a Federal District Court certified a class of 1,400 Virgin America flight attendants who alleged that their employer violated numerous California state labor laws, U.S. District Court Judge Jon S. Tigar has granted them summary judgment. The flight attendants claimed that they were paid based on a “block time” schedule, which would begin when they arrived at the gate, and end when they left the gate. This meant that they were not paid for time spent writing up incident reports before and after flights, undergoing mandatory training, taking required drug tests, and waiting for passengers to board and deplane. They also allege that they were not provided with accurate wage statements. The flight attendants have now prevailed in their motion for summary judgment, and the case will proceed for the limited purpose of establishing exactly how much they are owed.
Read [ Flight Attendants Anticipate $60 Million Award for California Labor Law Violations ]

Summary Judgment for Lincoln National in Barber v. Lincoln National Life Insurance Company

Summary Judgment for Lincoln National in Barber v. Lincoln National Life Insurance Company July 25, 2018. By Anne Wallace.
Cincinnati, OH On May 18, 2018, the Sixth Circuit denied Oliver Barber’s appeal in his long term denied disability lawsuit against Lincoln Financial (the marketing name for Lincoln National Corporation and insurance company affiliates). This is likely the end of the road for Barber’s lawsuit, but it was hard fought and thoroughly argued. There is a lot to learn from Barber about how to succeed in future long-term disability lawsuits.
Read [ Summary Judgment for Lincoln National in Barber v. Lincoln National Life Insurance Company ]

Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations

Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations July 20, 2018. By Lori Prapas.
Los Angeles, CA A group of 11,000 truck drivers filed a California unpaid wages lawsuit back in 2009, alleging that one of the largest trucking and logistics companies in the United States violated California wage law. The parties fought about whether California state law was pre-empted by the more industry friendly federal law. In a victory for the truckers, the U.S. Supreme Court denied J.B. Hunt’s appeal, leaving in place the District Court’s ruling that California law is controlling. As the parties prepare for a fall trial, J.B. Hunt has moved for summary judgment and to decertify the class. Plaintiff truckers have just filed an opposition to that motion, saying that the claims of all 11,000 truckers are similar enough to justify class action status.
Read [ Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations ]

Court Orders Unum Doctor to Reveal How Much He Was Paid for His Opinion

Court Orders Unum Doctor to Reveal How Much He Was Paid for His Opinion July 17, 2018. By Lori Prapas.
New Orleans, LA Unum Group has come under scrutiny yet again for alleged deceptive practices. This time the insurance giant has lost a battle in the Wittmann v. Unum Life Insurance Co. litigation. Plaintiff attorney Anne Wittmann, who alleges that she was wrongfully denied disability benefits, subpoenaed financial records from James H. Bress, M.D., who Unum hired to review her claim. Unum Group fought back, by moving to quash the subpoena. On July 11, 2018, a Federal District Judge in Louisiana Ordered that the records be turned over so Plaintiffs can ascertain whether his opinion was swayed by a financial dependence on the insurance carrier.
Read [ Court Orders Unum Doctor to Reveal How Much He Was Paid for His Opinion ]

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