Legal News Articles - Employment
August 16, 2018. By Jane Mundy.
Read [ Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million. ]
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.
August 14, 2018. By Jane Mundy.
Read [ Cash America Pawn, or First Cash Management Facing Overtime Lawsuit ]
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.”
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? ]
August 9, 2018. By Anne Wallace.
Read [ Ninth Circuit Says Pension Plan Participants Cannot be Forced to Arbitrate ]
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.
August 7, 2018. By Lori Prapas.
Read [ SoCal Drywall Company Fined $1.9M for Wage Theft Violations ]
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.
August 3, 2018. By Anne Wallace.
Read [ California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work ]
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.
July 25, 2018. By Lori Prapas.
Read [ Flight Attendants Anticipate $60 Million Award for California Labor Law Violations ]
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.
July 25, 2018. By Anne Wallace.
Read [ Summary Judgment for Lincoln National in Barber v. Lincoln National Life Insurance Company ]
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.
July 20, 2018. By Lori Prapas.
Read [ Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations ]
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.
July 17, 2018. By Lori Prapas.
Read [ Court Orders Unum Doctor to Reveal How Much He Was Paid for His Opinion ]
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.
- Intel to Shell Out $5M to Settle California Unpaid Wages Lawsuit By Lori Prapas (Jul-16-18)
- California Labor Commissioner’s Office fined general contractor and sub-contractor for wage theft violations By Jane Mundy (Jul-13-18)
- Surveillance Sinks Liberty Mutual Long Term Denied Disability Lawsuits By Anne Wallace (Jul-12-18)
- Supreme Court Restricts Class Action Availability for Wage Theft Violations By Anne Wallace (Jul-10-18)
- Aon Hewitt Named (again) in Double-Dealing Retirement Plan Lawsuit By Anne Wallace (Jul-9-18)
- Cheesecake Factory Found Liable for $4.57 Million Wage Theft By Lori Prapas (Jul-3-18)
- MetLife Refuses to Disclose Background Claim Processing Principles By Anne Wallace (Jun-28-18)
- California Labor Law Violation Fired at Fidelity Stands, Typo Goes By Jane Mundy (Jun-25-18)
- Asbestos Mesothelioma Passed from Father to Son, Guilty Verdict for Defendant Liberty Utilities (Park Water) Corp. By Jane Mundy (Jun-25-18)
- Former Marriott Hotel Waiter Appeals Dismissal of his California Unpaid Wages Lawsuit By Lori Prapas (Jun-18-18)
- California State Labor Commissioner Slams Restaurants with Wage Theft Violations By Jane Mundy (Jun-13-18)
- Invesco Accused of Treating ERISA Plan Participants as Captive Investors By Anne Wallace (Jun-13-18)
- Ninth Circuit Champions Wrongly Denied Disability Claimant By Anne Wallace (Jun-8-18)
- Potential H&M Class Action Lawsuit Over Unpaid Security Bag Checks By Lori Prapas (Jun-7-18)
- After $7.9 Million Jury Verdict, Chipotle Settles California Labor Lawsuit To Avoid Punitive Damages By Lori Prapas (Jun-5-18)
- CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent By Lori Prapas (May-23-18)
- Wells Fargo to Pay $97M to Commissioned Brokers for Rest Breaks By Jane Mundy (May-21-18)
- New California Ruling Easy as 'ABC' to Determine Employee or Independent Contractor? By Jane Mundy (May-10-18)
- Home Depot Employees File ERISA Class Action Lawsuit over 401(k) Mismanagement By Anne Wallace (May-9-18)
- Class Action Status Critical to California Donning and Doffing Wage Lawsuit By Anne Wallace (May-8-18)
- Temp Worker Seeks Class Action Status for California Labor Lawsuit By Lori Prapas (May-3-18)
- California Unpaid Wages Lawsuit: Class Action Lawsuit Brewing Against Starbucks By Lori Prapas (Apr-27-18)
- Another Chance after LTD Denial? Arbitrary and Capricious Standard Continues to Crumble in MetLife Lawsuit By Anne Wallace (Apr-25-18)
- Sexual Harassment and Workplace Bullying–Both California Labor Law Violations--Results in $2.6M Verdict By Jane Mundy (Apr-24-18)
- Blue and White-Collar California Employees Wrongfully Terminated, National Labor Relations Board Assists By Jane Mundy (Apr-3-18)
- How Will Passage of Save America’s Pastime Act Impact California Lawsuit? By Gordon Gibb (Mar-27-18)
- Unum: You Win Some, You Lose Some By Gordon Gibb (Mar-26-18)
- Are Missed Contributions Considered Plan Assets Under ERISA? By Gordon Gibb (Mar-22-18)
- Indignación en la carretera: Los camioneros de California se les negaron salarios y beneficios justos By Fernando Marcano (Translation) (Mar-21-18)
- California Labor Lawsuit Expected to Settle for $2 Million By Gordon Gibb (Mar-14-18)
- "Tarde para el almuerzo" explica las demandas laborales de California y un entorno de trabajo cambiante By Fernando Marcano (Translation) (Mar-7-18)
- Trabajadora embarazada gana la Demanda de Terminación Injusta en California By Fernando Marcano (Translation) (Mar-5-18)
- Google Hit with Another California Wrongful Termination Lawsuit By Gordon Gibb (Mar-5-18)
- Paisajista declara propuesta colectiva de salarios no remunerados en California By Fernando Marcano (Translation) (Feb-28-18)
- Status as Employee v. Independent Contractor Impacts Wage and Hour Claims By Gordon Gibb (Feb-26-18)
- Worker Claims Employment Discrimination Based on her Asian Heritage By Anne Wallace (Feb-22-18)
- Plaintiff Settles with Bank of America Corp. NA at the Eleventh Hour By Gordon Gibb (Feb-16-18)
- Plaintiffs Litigating ERISA Lawsuit v. Oracle Corp. Achieve Class Action Status By Gordon Gibb (Feb-15-18)
- Late for Lunch Spells California Labor Lawsuits and a Shifting Work Environment By Jane Mundy (Feb-6-18)
- How to Think Like a Plaintiff in a Unum Lawsuit By Anne Wallace (Jan-24-18)