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Victory for Tipped Employees -- Bad News for Tennessee Based Restaurant Chain

Victory for Tipped Employees -- Bad News for Tennessee Based Restaurant Chain October 18, 2018. By Jane Mundy.
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.
Read [ Victory for Tipped Employees -- Bad News for Tennessee Based Restaurant Chain ]

Fidelity Faces Self-Dealing Lawsuit over 401(k) Plan Mismanagement

Fidelity Faces Self-Dealing Lawsuit over 401(k) Plan Mismanagement October 18, 2018. By Anne Wallace.
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.
Read [ Fidelity Faces Self-Dealing Lawsuit over 401(k) Plan Mismanagement ]

401(k) Lawsuit Continues against Franklin Templeton

401(k) Lawsuit Continues against Franklin Templeton October 15, 2018. By Anne Wallace.
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.
Read [ 401(k) Lawsuit Continues against Franklin Templeton ]

UNUM LTD Claimants Must Beware of Exhaustion of Remedies Roadblock

UNUM LTD Claimants Must Beware of Exhaustion of Remedies Roadblock October 15, 2018. By Anne Wallace.
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.
Read [ UNUM LTD Claimants Must Beware of Exhaustion of Remedies Roadblock ]

Los Angeles Sweatshops Cited for Wage and Hour Violations

Los Angeles Sweatshops Cited for Wage and Hour Violations October 14, 2018. By Anne Wallace.
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.
Read [ Los Angeles Sweatshops Cited for Wage and Hour Violations ]

Donning and Doffing in Tennessee – Clothes or Protective Equipment?

Donning and Doffing in Tennessee – Clothes or Protective Equipment? October 12, 2018. By Jane Mundy.
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.
Read [ Donning and Doffing in Tennessee – Clothes or Protective Equipment? ]

Mother with Post-Partum Depression Denied Disability Benefits by Hartford

Mother with Post-Partum Depression Denied Disability Benefits by Hartford October 10, 2018. By Jane Mundy.
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.
Read [ Mother with Post-Partum Depression Denied Disability Benefits by Hartford ]

Wage Theft Investigations at California Restaurants

Wage Theft Investigations at California Restaurants October 8, 2018. By Jane Mundy.
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.
Read [ Wage Theft Investigations at California Restaurants ]

Skirting around Donning and Doffing

Skirting around Donning and Doffing October 4, 2018. By Jane Mundy.
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.
Read [ Skirting around Donning and Doffing ]

California Donning and Doffing on the Clock?

California Donning and Doffing on the Clock? September 26, 2018. By Jane Mundy.
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.
Read [ California Donning and Doffing on the Clock? ]

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