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Ninth Circuit Confirms Death of “De Minimus” Rule in California Wage and Hour Lawsuits

Ninth Circuit Confirms Death of “De Minimus” Rule in California Wage and Hour Lawsuits July 15, 2019. By Anne Wallace.
San Francisco, CA On June 28, the Ninth Circuit confirmed that, in lawsuits brought under the California Labor Code, even very small amounts of work time – measured in seconds, not minutes – must be counted and compensated. The opinion in Rodriguez v. Nike should put an end to latest employer-driven campaign to revive the federal de minimus standard in California labor lawsuits.
Read [ Ninth Circuit Confirms Death of “De Minimus” Rule in California Wage and Hour Lawsuits ]

Forced Arbitration, Stock Drop Disputes and ACA Repeal Loom Large for ERISA Lawsuits in Latter Half of 2019

Forced Arbitration, Stock Drop Disputes and ACA Repeal Loom Large for ERISA Lawsuits in Latter Half of 2019 July 12, 2019. By Anne Wallace.
Washington, DC It’s semiannual prognostication time for ERISA lawsuits, and in our crystal ball, we see a mysterious stranger, great fortune and heartbreak. No, actually, not. But relying on our lesser powers, we suspect that, for the next six months, three issues will loom large.
Read [ Forced Arbitration, Stock Drop Disputes and ACA Repeal Loom Large for ERISA Lawsuits in Latter Half of 2019 ]

Comcast and O.C. Communications California Wage and Hour Settlement Finally Reached

Comcast and O.C. Communications California Wage and Hour Settlement Finally Reached July 8, 2019. By Jane Mundy.
San Francisco, CA: After two years of litigation, a California labor lawsuit involving about 4,500 technicians has finally settled for $7.5 million, after legal fees. The federal class action alleged that O.C. Communications Inc., a tech talent supplier, and Comcast Corp. violated state and federal laws, including not paying the workers for all the hours worked and failure to compensate the techs for piecework, overtime or minimum wages.
Read [ Comcast and O.C. Communications California Wage and Hour Settlement Finally Reached ]

New FLSA Interpretation Would Limit Worker Wage Lawsuits

New FLSA Interpretation Would Limit Worker Wage Lawsuits July 5, 2019. By Anne Wallace.
Washington, DC The Department of Labor has proposed changes in the interpretation of the “joint employer rule.” The rule allows workers, especially in class action wage and hour lawsuits, to reach beyond an immediate employer to seek recovery from a franchisor, corporate parent or other related business entity. If the change goes into effect, it will affect the application of the federal Fair Labor Standards Act (FLSA), but it will not necessarily limit wage and hour protections under California labor law.
Read [ New FLSA Interpretation Would Limit Worker Wage Lawsuits ]

Too Hard to Eat Lunch? – That Cost Wal-Mart $6 Million

Too Hard to Eat Lunch?  – That Cost Wal-Mart $6 Million June 26, 2019. By Anne Wallace.
Los Angeles, CA Chelsea Hamilton and Alyssa Hernandez brought a class action California labor lawsuit against Wal-Mart, claiming that going through the mandatory security check took so much time and was so intrusive that they were left with less than their legally protected half-hour meal break. Taking feminine hygiene stuff out of their purses was embarrassing. Ms. Hernandez also said the break room was crowded and noisy. They were not prevented from taking the break, but they were discouraged out of it. In April, they won a $6.1 million jury award on behalf of Wal-Mart workers.
Read [ Too Hard to Eat Lunch? – That Cost Wal-Mart $6 Million ]

California Labor Bill AB5 has ride-hailing companies collaborating rather than competing – and waiting on CA Senate vote

California Labor Bill AB5 has ride-hailing companies collaborating rather than competing – and waiting on CA Senate vote June 24, 2019. By Jane Mundy.
Sacramento, CA: Uber and Lyft have become wildly successful, mainly due to classifying their drivers as independent contractors rather than employees, but misclassification is a violation of the California labor law and should the state Senate pass Bill AB5, the gig might be up for them and many other companies whose workers may be re-classified as employees.
Read [ California Labor Bill AB5 has ride-hailing companies collaborating rather than competing – and waiting on CA Senate vote ]

Still No Pay for California Residential Care Workers

Still No Pay for California Residential Care Workers June 14, 2019. By Anne Wallace.
Los Angeles, CA Residential care workers can win California unpaid wages lawsuits when they sue their employers for wage theft and other illegal employment practices. That’s the good news. But the bad news is that they are still having trouble getting paid, and the violations of California state labor laws continue.
Read [ Still No Pay for California Residential Care Workers ]

Along with Sexual Harassment Charges, Luxury Resort Faked Worker Breaks

Along with Sexual Harassment Charges, Luxury Resort Faked Worker Breaks June 10, 2019. By Jane Mundy.
Los Angeles, CA: The Terranea Resort, which calls itself Los Angeles’ Hidden Gem and the only luxury destination resort on the LA coast, can also be known as the “Fake Break” Resort.
Read [ Along with Sexual Harassment Charges, Luxury Resort Faked Worker Breaks ]

Did Northrup Grumman Squander ERISA Pension Money?

Did Northrup Grumman Squander ERISA Pension Money? June 5, 2019. By Anne Wallace.
Los Angeles, CA Marshall v. Northrop Grumman Corp a class action ERISA lawsuit alleges that fiduciaries of the Northrup Grumman Savings Plan (“Plan”) squandered nearly $10 million in employee 401k retirement money through mismanagement that included paying unnecessary administrative fees between 2010 and 2016.
Read [ Did Northrup Grumman Squander ERISA Pension Money? ]

Jolene Provencio stood up for a co-worker. Then Intel drove her out of her job.

Jolene Provencio stood up for a co-worker. Then Intel drove her out of her job. May 27, 2019. By Anne Wallace.
Denver, CO On April 30, 2019, the Tenth Circuit Court of Appeals ended Jolene Provencio’s lawsuit against Intel Corporation. She claimed that she had been retaliated against for participating in an internal discrimination investigation involving a co-worker. It’s a different state and a different judicial circuit, but some of the lessons of Provencio v. Intel Corporation apply in California workplace retaliation lawsuits, as well.
Read [ Jolene Provencio stood up for a co-worker. Then Intel drove her out of her job. ]

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