LAWSUITS NEWS & LEGAL INFORMATIONEmployment
Legal News Articles - Employment
October 18, 2018. By Jane Mundy.
Read [ Victory for Tipped Employees -- Bad News for Tennessee Based Restaurant Chain ]
Nashville, TN: The Ninth Circuit gave the green light last month for bartenders and servers to sue restaurants--including a Tennessee based chain-- for allegedly underpaying them regarding tipping, a violation of the federal and Tennessee labor law. The cases were consolidated on appeal as Marsh v. J. Alexander’s and remanded for further proceedings.
October 18, 2018. By Anne Wallace.
Read [ Fidelity Faces Self-Dealing Lawsuit over 401(k) Plan Mismanagement ]
Boston, MA On October 10, 2018, participants in the Fidelity Retirement Savings Plan filed a class action ERISA pension plan lawsuit against the Plan’s fiduciaries. The Complaint alleges that the Plan fiduciaries breached their duties under ERISA, thus harming the Plan and its participants and beneficiaries.
October 15, 2018. By Anne Wallace.
Read [ 401(k) Lawsuit Continues against Franklin Templeton ]
San Francisco, CA An ERISA pension plan lawsuit has survived numerous procedural challenges and will proceed as a class action against investment manager Franklin Templeton. Fernandez v. Franklin Resources Inc. claims that the fiduciaries in charge of managing the Franklin Templeton 401(k) Plan breached their duty to plan participants by causing the Plan to invest in funds offered and managed by Franklin Templeton, when better-performing and lower-cost funds choices were available. The motive was to benefit Franklin Templeton’s investment management business.
October 15, 2018. By Anne Wallace.
Read [ UNUM LTD Claimants Must Beware of Exhaustion of Remedies Roadblock ]
Chattanooga, TN On September 25, 2018, the Sixth Circuit Court of Appeals granted UNUM Life Insurance’s motion for summary judgment, thus ending Richard Ravenscraft’s UNUM disability lawsuit on the grounds that he had not exhausted administrative remedies. These are the rocks on which many long term disability lawsuits have been dashed.
October 14, 2018. By Anne Wallace.
Read [ Los Angeles Sweatshops Cited for Wage and Hour Violations ]
Los Angeles, CA In early September 2018, the California Labor Commissioner’s Office fined six garment contractors a total of $573,704 for labor law violations after uncovering a scheme where the contractors operated illegally under one license to avoid complying with California wage and hour laws. But what happens to the workers? Garment workers making far less than minimum wage, most without legal status, are hardly likely to bring California unpaid wages lawsuits. The best answer may lie in California’s specialized garment worker wage claim adjudication process. Even that may require some legal assistance, though.
October 12, 2018. By Jane Mundy.
Read [ Donning and Doffing in Tennessee – Clothes or Protective Equipment? ]
Nashville, TN: Over the past several years Tennessee has experienced a number of Tennessee labor lawsuits by employees demanding compensation for “donning and doffing” (putting on and taking off) clothing such as uniforms and protective gear before and after their shift.
October 10, 2018. By Jane Mundy.
Read [ Mother with Post-Partum Depression Denied Disability Benefits by Hartford ]
Chicago, IL: Even though Angela tried to return to work after suffering from postpartum depression, her boss advised that she apply for long term disability with Hartford Health Insurance. But Hartford didn’t agree with Angela’s boss.
October 8, 2018. By Jane Mundy.
Read [ Wage Theft Investigations at California Restaurants ]
Sacramento, CA: The California Labor Commissioner’s Office has been busy following up on reports of unpaid wages, tips and overtime. Some employees were paid less than $5 an hour and typically worked more than 10 hours a day with no meal or rest breaks, which violates the California labor law. “Long hours with no breaks and sub-minimum wages are classic examples of wage theft, and employers who make their profit by breaking the law will be held accountable," said Labor Commissioner Julie A Su.
October 4, 2018. By Jane Mundy.
Read [ Skirting around Donning and Doffing ]
Santa Clara, CA: California wage and hour laws get complicated, particularly donning and doffing issues in the manufacturing industry. While federal and state laws agree that employers are required to compensate employees for all “work” performed, they often differ on whether donning and doffing is considered work.
September 26, 2018. By Jane Mundy.
Read [ California Donning and Doffing on the Clock? ]
Sacramento, CA: Workers in California, from farm harvesters to computer technicians, can’t come to terms with the California labor law regarding donning and doffing—putting on and taking off employer-mandated uniforms, clothing and safety gear, even though a number of donning and doffing lawsuits have settled in favor of the employee.
- Cash America Pawn Managers Deserve Overtime, Too By Jane Mundy (Sep-25-18)
- Trunk Club Settles California Unpaid Wages Lawsuit for $1.75 Million By Anne Wallace (Sep-21-18)
- Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages By Anne Wallace (Sep-18-18)
- Employment Attorney Alan Crone Discusses Main Reasons for Overtime Complaints By Jane Mundy (Sep-14-18)
- Wheeler v. Metropolitan Life Insurance Company Seeks LTD Benefits for Injured Seaman By Anne Wallace (Sep-14-18)
- California Court Saves Class Action Wage Claims from Forced Arbitration By Anne Wallace (Sep-7-18)
- Are Tutors Independent Contractors or Employees Under the California Labor Code? By Jane Mundy (Sep-6-18)
- H&M Plaintiffs Rely on Starbucks Workers’ Win To Bolster Case By Lori Prapas (Aug-19-18)
- Retail giant Target Settles California Labor Lawsuits over Cashier Seating for $9 million. By Jane Mundy (Aug-16-18)
- Cash America Pawn, or First Cash Management Facing Overtime Lawsuit By Jane Mundy (Aug-14-18)
- Drywall Contractor Fined $2 million; Is California Wage Theft Rampant? By Jane Mundy (Aug-10-18)
- Ninth Circuit Says Pension Plan Participants Cannot be Forced to Arbitrate By Anne Wallace (Aug-9-18)
- SoCal Drywall Company Fined $1.9M for Wage Theft Violations By Lori Prapas (Aug-7-18)
- California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work By Anne Wallace (Aug-3-18)
- Flight Attendants Anticipate $60 Million Award for California Labor Law Violations By Lori Prapas (Jul-25-18)
- Summary Judgment for Lincoln National in Barber v. Lincoln National Life Insurance Company By Anne Wallace (Jul-25-18)
- Truckers Hauling to Trial Against J.B. Hunt for Alleged Wage and Hour Violations By Lori Prapas (Jul-20-18)
- Court Orders Unum Doctor to Reveal How Much He Was Paid for His Opinion By Lori Prapas (Jul-17-18)
- 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)