Employment Legal News Articles & Interviews

Washington, DC On September 9, Delta Airlines, Inc. asked the U.S. Supreme Court to review decisions by the Ninth Circuit and preceding lower courts in Oman v. Delta Airlines, Inc. The Oman decisions recognize the generous protections of the California Labor Code for airline employees based in California.

Los Angeles, CA Two former nursing school professors whose California wrongful dismissal lawsuit claims they were fired in retaliation for helping students alleging sexual harassment asked for $55 million and settled for $1.4 million. Pastor Gregory Johnson (accused of sexually inappropriate behavior) and the American University of Health Sciences denied the allegations and claimed the profs were fired after failing to cooperate with the nursing school’s investigation into their plans to start a competing school.

San Francisco, CA On September 20, the Ninth Circuit partially dismissed, partially upheld and remanded back to the District Court a GrubHub driver’s claim that he was owed back wages and other remedies under the California Labor Code and related wage orders. Raef Lawson v. Grubhub is a complicated decision, but there is some positive news for gig workers who allege that they were misclassified as independent contractors.

Kansas City, MO On September 24 in Lipari-Williams v. Missouri Gaming Co., the District Court for the Western District of Missouri put off a decision about whether to grant class action certification to a group of casino workers who allege that they were overcharged for their health coverage based on their tobacco use. Their wage and benefit plan lawsuit alleges that the premium surcharge assessed under Argosy Riverside Casino’s insurance plan did not meet the requirements of the Affordable Care Act (ACA). The court granted certification to workers who brought wage claims under the Fair Labor Standards Act and Missouri state law but held off on the ERISA claims.

Santa Clara, CA Cresco Labs, the cannabis and medical marijuana company, has been slammed with a lawsuit filed under California's Private Attorneys General Act, alleging it didn’t pay workers for time spent “donning and doffing” – putting on and taking off—personal protective equipment required by the multi-state pot company. Every minute counts with the California Labor Code, but can workers be protected from a federally illegal business?

San Jose, CA On September 23, the U.S. District Court for the Northern District of California heard objections to a $95.7 million offer made by Wells Fargo to settle consolidated class action lawsuits brought by Wells Fargo Home Mortgage Consultants (HMCs). The lawsuits allege that the bank violated California state labor laws by failing to either provide or pay for rest breaks for its HMCs.

Cleveland, OH On September 14, the Northern District of Ohio granted conditional certification to a group of hemp workers in Tenita Bryant v. North Coast Natural Solutions, LLC. The employees may now move one step farther along in their pursuit of unpaid wages claims against a collection of related hemp enterprises that did business as AgeVital Pharmacy. Their lawsuit alleges violations of both the federal Fair Labor Standards Ace (FLSA) and the Ohio Minimum Fair Wage Standards Act (OMFWSA).

Alameda County, CA Sections of Proposition 22—which went into effect last November-- are in violation of California’s  constitution and therefore unenforceable, ruled an Alameda County Superior Court Judge. The ruling has gig economy investors worried and California labor advocates jubilant.

Charleston, SC A Maryland woman in August filed a PFAS lawsuit in the U.S. District Court for the District of South Carolina claiming she developed breast cancer as a result of drinking water contaminated with firefighting foam chemicals for years.

Butte, MT U.S. Minerals, Inc. has agreed to plead guilty to a federal misdemeanor charge under the Clean Air Act (CAA) and to pay a criminal penalty of $393,200. The mining company has also agreed to a medical monitoring program for current and former employees who have been exposed to elevated levels of arsenic. Employees who take advantage of the medical monitoring program will not forfeit their right to pursue civil lawsuits, including unpaid wages claims, as the facts dictate. In addition, U.S. Minerals has also offered to settle a civil lawsuit brought by the Occupational Safety and Health Administration (OSHA) for $106,800.