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Dockworkers’ ERISA Lawsuit Challenges Denial of Preapproved Benefits

Dockworkers’ ERISA Lawsuit Challenges Denial of Preapproved Benefits February 14, 2019. By Anne Wallace.
Los Angeles, CA Delgado v. ILWU-PMA Welfare Plan, an ERISA lawsuit now pending in the U.S. District Court for the Central District of California, has more lives than a cat.
Read [ Dockworkers’ ERISA Lawsuit Challenges Denial of Preapproved Benefits ]

Trouble ahead for California trucker wage lawsuits?

Trouble ahead for California trucker wage lawsuits? February 7, 2019. By Anne Wallace.
Los Angeles, CA The California Labor Commissioner awarded 24 truck port drivers a total of $6 million for unpaid wages and benefits. The underpayment arose from NFI/California Cartage Express’s practice of intentionally misclassifying the drivers as independent contractors, rather than as employees. Since the 2018 California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court, many California unpaid wage lawsuits that deal with misclassification problem have gone for workers. Dynamex is under legal assault, however, particularly in the trucking industry.
Read [ Trouble ahead for California trucker wage lawsuits? ]

The Labor Commissioner's Office Working California Overtime?

The Labor Commissioner's Office Working California Overtime? February 4, 2019. By Jane Mundy.
Oakland, CA: Last year the restaurant industry alone was cited in California labor law violations amounting to millions of dollars. And according to a 2017 report, California wage theft can cost workers about $2 billion per year. That amount may rise now that agricultural workers are entitled to farmworker overtime pay based on a schedule issued by the Labor Commissioner's Office that went into effect as of January 1, 2019.
Read [ The Labor Commissioner's Office Working California Overtime? ]

Underground Economy Keeping California’s Field Enforcers Busy

Underground Economy Keeping California’s Field Enforcers Busy January 30, 2019. By Jane Mundy.
San Diego, CA: The Labor Commissioner’s Office is cracking down on California’s underground economy. Daniel Yu, Assistant Chief with the Bureau of Field Enforcement is charged with making sure employers comply with California labor laws, and that every worker, including illegals, is entitled to full protection.
Read [ Underground Economy Keeping California’s Field Enforcers Busy ]

Employee 401(k) Lawsuit Claims GE Inflated Stock Value

Employee 401(k) Lawsuit Claims GE Inflated Stock Value January 15, 2019. By Anne Wallace.
Albany, NY On December 14, 2018, Adele Vargas filed a class action ERISA lawsuit against General Electric Company (“GE”) and Jeffrey Immelt, its former CEO. She alleges that GE improperly manipulated its earnings and inflated its stock price.
Read [ Employee 401(k) Lawsuit Claims GE Inflated Stock Value ]

LTD Claimants Win Big as Ninth Circuit Trims “Abuse of Discretion” Standard

LTD Claimants Win Big as Ninth Circuit Trims “Abuse of Discretion” Standard January 11, 2019. By Anne Wallace.
San Francisco, CA In one of the earliest decisions of 2019, the Ninth Circuit gave plaintiffs in long term denied disability lawsuits a new way to challenge benefit denial decisions. It may turn out to be significant.
Read [ LTD Claimants Win Big as Ninth Circuit Trims “Abuse of Discretion” Standard ]

Unum Disability Insurance Claimant Wins Reinstatement of LTD Benefits

Unum Disability Insurance Claimant Wins Reinstatement of LTD Benefits January 8, 2019. By Anne Wallace.
Santa Ana, CA On November 20, 2018, the U.S. District Court for the Central District of California handed Pamela Fleming a resounding victory in her Unum disability insurance lawsuit. Unum had been paying her LTD benefits since 2005, after a serious and well-documented neck injury sustained in a car accident. A change in her treating physician and a brief surveillance video led the insurer to re-evaluate her claim and declare that she had recovered. The insurer terminated her benefits. Judge Cormac J. Carney was not impressed and reinstated her benefits due under the policy.
Read [ Unum Disability Insurance Claimant Wins Reinstatement of LTD Benefits ]

Hewlett-Packard Enterprises Named in Gender Pay Discrimination Lawsuit

Hewlett-Packard Enterprises Named in Gender Pay Discrimination Lawsuit January 7, 2019. By Anne Wallace.
Santa Clara, CA In late 2018, R. Ross and C. Rogus filed a class action California unpaid wages lawsuit against Hewlett-Packard Enterprise (HPE) that describes a pattern of gender-based pay discrimination. It’s hardly news, you think, that tech giants underpay women.
Read [ Hewlett-Packard Enterprises Named in Gender Pay Discrimination Lawsuit ]

The New Year Rings in New Sexual Harassment Rules, Mainly Triggered by #MeTooMovement

The New Year Rings in New Sexual Harassment Rules, Mainly Triggered by #MeTooMovement January 4, 2019. By Jane Mundy.
Sacramento, CA:The #MeTooMovement has resulted in a number of new laws with the goal to make it easier for employees to report sexual harassment and for employers to have a voice in investigations concerning this and other California labor law violations. Most of these laws took effect January 1, and employers would be wise to become familiar with them.
Read [ The New Year Rings in New Sexual Harassment Rules, Mainly Triggered by #MeTooMovement ]

“Face of Channel 4 News” Fired -- Too Old to be Female on TV

“Face of Channel 4 News” Fired -- Too Old to be Female on TV December 13, 2018. By Anne Wallace.
Nashville, TN News anchor Demetria Kalodimos, who had repeatedly been named the Best Local Reporter and Best Local TV News Personality by the readers of the Nashville Scene, was abruptly fired by WSMV, Channel 4 on December 4, 2017. On November 27, 2018, she filed an employment lawsuit in the Middle District of Tennessee, alleging violations of the federal Age Discrimination in Employment Act (ADEA), the Tennessee Human Rights Act and Disability Act and Tennessee common law. Allegations concerning violations of the federal Civil Rights Act of 1964 are expected to follow.
Read [ “Face of Channel 4 News” Fired -- Too Old to be Female on TV ]

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