Employment Legal News Articles & Interviews

Oakland, CA The long-awaited settlement in Rollins v. Dignity Health, a class action ERISA lawsuit, that has been moving through the legal system since 2013, continues to be just that – long awaited. On June 12, the District Court for the Northern District of California refused to approve a proposed settlement for the second time since 2019.

Santa Clara, CA Uber and Lyft are getting slammed, from California to Canada. In May, California sued the ride-hailing companies claiming they misclassified their drivers as independent contractors under the state’s new labor law, Bill AB5. North of the border, the Canadian Supreme Court has allowed Uber drivers to forge ahead with a class action lawsuit that will classify them as employers rather than independent contractors.

Santa Clara, CA A California federal judge says Rite Aid violated California labor law by not reimbursing its employees for their uniforms. And one month previously, in May, Rite-Aid was hit with another lawsuit. Along with Thrifty PayLess Inc., about 10,000 employees may be owed wages for time spent undergoing off-the-clock security checks.

Los Angeles, CA Jeree Gant filed a class action lawsuit against Aldi, Inc., claiming that the grocery chain failed to pay her for all the hours she worked between October 2017 and May 2018. The other allegations under the California labor code concerning meal breaks, rest breaks and wage statements follow from that central claim. Aldi has now offered to settle the claims of what might ultimately have been thousands of California plaintiffs for $2 million.

Sacramento, CA Presumptive Democratic presidential nominee, Joe Biden, has announced that he opposes a November 3 ballot initiative that would permit companies like Uber and DoorDash to continue to classify drivers as independent contractors. If approved, the measure would override AB 5 with respect to app-based drivers. These drivers could, as a result, be classified as independent contractors not protected by the wage and hour provisions of the California Labor Code.  

Sacramento, CA California Attorney General Xavier Becerra joined a coalition of 12 attorneys general in a letter that calls on Walmart to improve its efforts to protect workers and the public during COVID-19. Lawyers have anticipated a surge in California labor lawsuits arising from employer failures to adequately protect essential workers.

Riverside, CA The allegations made in Gamino v. KPC Healthcare are pretty lurid, especially as ERISA lawsuits go. Even apart from the loaded handgun and the slashed tires, the Complaint tells a tale of shocking financial malfeasance.

San Francisco, CA  In Herrera v. Zumiez, Inc., the Ninth Circuit affirmed that, under Wage Order No. 7 and the California Labor Code, workers must be paid if they are required to call in prior to a scheduled shift to determine whether they should actually come to work. The ruling, which follows the Court of Appeal’s reasoning in Ward v. Tilly’s Inc., involves some fine legal dicing of the phrase “report for work.” Herrera’s class action lawsuit may take on additional significance as financially strapped California employers search for ways to shave employee costs.

Tracy, CA Pedro Zuniga and at least 51 other Safeway workers contracted the coronavirus in “dangerous and hazardous conditions” at the company’s warehouse but they were not given personal protective equipment nor did they social distance. Instead, they were forced to work in close quarters and deterred by their employer from calling in sick. Mr. Zuniga died and his widow filed a wrongful death lawsuit. McDonald’s employees also filed a class action lawsuit for similar reasons under California labor law, but they aren’t seeking financial compensation.

New York, NY Vincent White, a partner at White, Hilferty and Albanese, hears stories like this frequently now: