LAWSUITS NEWS & LEGAL INFORMATION
Employment Legal News Articles & Interviews
January 22, 2020. By Anne Wallace.
Read [ Employees May Work 6 Years Longer when Employer Skims Fees off the Top of 401k Plan ]
Collingswood, NJ On November 5, former employee, Young Cho, filed a class action ERISA lawsuit (ERISA) in the District Court for the District of New Jersey alleging that fiduciaries of the Prudential Insurance Company 401k plan breached their duty to plan participants by selecting and managing investment options to benefit Prudential, rather than retirement savers.
January 21, 2020. By Anne Wallace.
Read [ Ninth Circuit Affirms $54.6 Wage Award for Walmart Truckers ]
San Francisco, CA On January 6, the Ninth Circuit affirmed a $54.6 million jury award for Wal-mart's truck drivers under the provisions of California labor law. Wal-mart had challenged the 2016 District Court decision in Ridgeway v. Walmart, Inc. on a variety of grounds, including lack of jurisdiction, the certification of a class of similarly situated plaintiffs and the applicability of the Federal Aviation Administration Authorization Act of 1994.
January 13, 2020. By Jane Mundy.
Read [ California Employment Laws include Wage & Hour and Misclassification Updates ]
Sacramento, CA Many new California employment and labor laws went into effect this January 1, 2020. If you are a California employer, employee or independent contractor, it’s a good idea to review these new laws that have been passed as they might impact you.
January 10, 2020. By Anne Wallace.
Read [ U.S. Supreme Court to Hear Oral Arguments in ERISA Breach of Fiduciary Duty Lawsuit ]
Washington, DC On January 13, the U.S. Supreme Court will hear oral arguments in Thole v. U.S. Bank, NA, an ERISA lawsuit (ERISA) that has major implications for the rights of participants and beneficiaries to sue plan sponsors under the basic legal framework of ERISA. The defendant plan sponsor will argue that the plaintiff retirees have no standing to sue over alleged breaches of fiduciary duty because they have not suffered any individual financial loss. The defendant plan sponsor will ask the Court to affirm an Eighth Circuit decision that limits participants’ rights to oversee investment management decisions.
January 7, 2020. By Jane Mundy.
Read [ Disneyland Workers file a lawsuit alleging they aren’t paid Minimum Wage ]
Anaheim, CA All Disney employees are entitled to minimum wage, from bellhop to barista, Mickie and Minnie. But five current and former workers claim that the entertainment behemoth has violated the California labor law by failing to pay its workers minimum wage, failing to pay overtime and all wages owed at termination.
January 2, 2020. By Anne Wallace.
Read [ California Uber Drivers Survive Motion to Dismiss, Lose Preliminary Injunction ]
San Francisco, CA On December 16, Judge Edward Chen of the Northern District of California denied Uber’s Motion to Dismiss a class action California labor lawsuit that claims Uber drivers were misclassified as independent contractors under standards set out in Dynamex Operations West, Inc. v. Superior Court. However, in Colopy v. Uber Techs Inc., Judge Chen also denied the drivers’ Motion for a Preliminary Injunction. The injunction would have required the ride-hailing giant to begin to treat drivers as employees immediately.
December 19, 2019. By Jane Mundy.
Read [ Former Juul employee files California Sexual Harassment and Retaliation Lawsuit ]
San Francisco, CA A former Juul employee filed a sexual harassment lawsuit early December in San Francisco Superior Court, claiming she was the victim of unwanted sexual advances. Her California labor lawsuit also claims wrongful termination after reporting the harassment incidents to the vaping company managers.
December 17, 2019. By Anne Wallace.
Read [ Uber Likely to Dodge “Existential Threat” Posed by Driver Misclassification Lawsuit – Again ]
San Francisco, CA “How can you approve the settlement when the underlying contract is illegal?” Uber driver, S. Patrick Mendel’s question to the Northern District of California last spring rings with frustration. Judge Chen acknowledged as much: “This case did not resolve the ultimate question” for drivers who claim they were misclassified as independent contractors under provisions of California labor law. The result is unlikely to change following Mendel’s renewed, and probably last, round of objections to the Ninth Circuit in November.
December 10, 2019. By Anne Wallace.
Read [ California Workers File Class Action Lawsuit against Cannabis Companies ]
San Francisco, CA On November 21, Casey Denning and Natalia Cole filed a lawsuit on behalf of themselves and similarly situated cannabis workers alleging that harvesting company Loud Buddha LLC and Pura Cali Management Corp, a cultivation contractor hired by Loud Buddha, violated provisions of the Fair Labor Standards Act and the California labor code. The Complaint claims that the employers forced them to work long hours in oppressive conditions without providing overtime pay, meal breaks, or accurate wage statements.
December 10, 2019. By Anne Wallace.
Read [ Dignity Health ERISA Lawsuit Inches Toward $100 Million Settlement ]
Oakland, CA The Dignity Health ERISA lawsuit has been exhaustively litigated since 2013, but now appears close to settlement. The proposed settlement in Rollins v. Dignity Health, which still requires final approval by the Northern District of California, would require Dignity Health to add $50 million in retirement plan funding in 2020 and at least $50 million in 2021. In addition, Dignity Health must not reduce participants’ accrued benefits because of a plan merger or amendment for 10 years. Dignity Health has also promised to fund the plan until 2024, making the minimum contribution recommended by actuaries to the plan.
- McDonald’s $26 million California Labor Class Action Settlement By Jane Mundy (Dec-5-19)
- Unconscionable Arbitration Agreements; Less than Candid Lawyers By Anne Wallace (Nov-26-19)
- Disney’s Overtime Deal By Jane Mundy (Nov-25-19)
- Goldman Sachs 401k Plan Participants file ERISA Lawsuit over Self-Dealing By Anne Wallace (Nov-21-19)
- California Assembly Bill 5 in for a Bumpy Ride with Truckers By Jane Mundy (Nov-20-19)
- Players Challenge NCAA Pay Caps By Anne Wallace (Nov-13-19)
- T-Mobile Retail Workers Reach Wage Deal under California Labor Law By Jane Mundy (Nov-8-19)
- Intel Corp. Investment Policy Committee v. Sulyma to shape ERISA fiduciary lawsuits By Anne Wallace (Nov-7-19)
- Delta Settles Overtime Lawsuit for $3.5 Million By Anne Wallace (Nov-6-19)
- Consumers Bring DoorDash Lawsuit over Stolen Tips By Anne Wallace (Nov-4-19)
- Halliburton Settles California Labor Lawsuit By Jane Mundy (Oct-24-19)
- Southwest Airlines Pilots Get $18.8 Million Settlement By Anne Wallace (Oct-23-19)
- College Athletes: Fair Pay to Play Act By Anne Wallace (Oct-22-19)
- Did the Ninth Circuit Gut ERISA Enforcement in Schwab 401k Mismanagement Lawsuit? By Anne Wallace (Oct-21-19)
- Court Rejects $1.75 Million Hertz Wage Lawsuit Settlement for the Third Time By Anne Wallace (Oct-11-19)
- Safeway 401k Plan to Settle ERISA lawsuit for $8.5 Million By Anne Wallace (Oct-9-19)
- Plaintiffs Cry Foul over $10.2 Million Morgan Stanley Settlement Offer By Anne Wallace (Oct-3-19)
- Diamonds and Wage Theft By Anne Wallace (Sep-25-19)
- Taylor Farm’s Don-Doff Deal is Off By Jane Mundy (Sep-18-19)
- Fiduciaries’ Desperate Drive to Fund Benefits Backfires By Anne Wallace (Sep-11-19)
- California In-Home Supportive Services Workers get New Wage Protections under Federal Law By Anne Wallace (Sep-9-19)
- Safeway’ $1.45 million deal Just One of Many PAGA California Labor Complaints By Jane Mundy (Sep-4-19)
- ERISA Lawsuit Charges Plan with Mismanaging Both High and Low Yield Investment Choices By Anne Wallace (Aug-23-19)
- California Labor Lawsuit Targets Meal Break Violations By Anne Wallace (Aug-21-19)
- Former CNN Producer Gets Green Light to Proceed With Discrimination Claim By Jane Mundy (Aug-20-19)
- Google’s Age Discrimination Settlement--Again By Jane Mundy (Aug-9-19)
- Fidelity 401k Fiduciary Lawsuits Consolidated in Massachusetts By Anne Wallace (Aug-7-19)
- Uber to Settle Class Action Contract Lawsuit for $395,000 By Anne Wallace (Aug-5-19)
- Dignity Health Poised to Settle ERISA Lawsuit for $100 Million By Anne Wallace (Jul-30-19)
- Women’s Soccer Team California Discrimination Lawsuits Trigger Athletics Fair Pay Act By Jane Mundy (Jul-19-19)
- Ninth Circuit Confirms Death of “De Minimus” Rule in California Wage and Hour Lawsuits By Anne Wallace (Jul-15-19)
- Forced Arbitration, Stock Drop Disputes and ACA Repeal Loom Large for ERISA Lawsuits in Latter Half of 2019 By Anne Wallace (Jul-12-19)
- Comcast and O.C. Communications California Wage and Hour Settlement Finally Reached By Jane Mundy (Jul-8-19)
- New FLSA Interpretation Would Limit Worker Wage Lawsuits By Anne Wallace (Jul-5-19)
- Too Hard to Eat Lunch? – That Cost Wal-Mart $6 Million By Anne Wallace (Jun-26-19)
- California Labor Bill AB5 has ride-hailing companies collaborating rather than competing – and waiting on CA Senate vote By Jane Mundy (Jun-24-19)
- Still No Pay for California Residential Care Workers By Anne Wallace (Jun-14-19)
- Along with Sexual Harassment Charges, Luxury Resort Faked Worker Breaks By Jane Mundy (Jun-10-19)
- Did Northrup Grumman Squander ERISA Pension Money? By Anne Wallace (Jun-5-19)
- Jolene Provencio stood up for a co-worker. Then Intel drove her out of her job. By Anne Wallace (May-27-19)