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California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit

California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit September 24, 2020. By Anne Wallace.
Los Angeles, CA On August 24, the District Court for the Central District of California gave final approval to a settlement under which ExxonMobil, PBF Energy Limited and Torrance Refining Company, LLC will pay a total of nearly $4.4 million to settle a class action lawsuit in which refinery workers claim that they were denied the paid rest breaks required under California labor law.
Read [ California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit ]

Farmers Insurance Overtime Pay Settlement – Over and Over Again

Farmers Insurance Overtime Pay Settlement – Over and Over Again September 23, 2020. By Jane Mundy.
Los Angeles, CA Farmers Insurance has agreed to settle a California wage and hour lawsuit brought by Famers special investigators alleging failure to pay overtime, including meal breaks and rest periods. The settlement includes anyone who worked in California for Farmers as a special investigator between 2013 and 2018. And this is not the first time Famers has settled an overtime claim.
Read [ Farmers Insurance Overtime Pay Settlement – Over and Over Again ]

ERISA Lawsuit Targets ESOP Scam

ERISA Lawsuit Targets ESOP Scam September 21, 2020. By Anne Wallace.
Wilmington, DE Set against the backdrop of California’s notorious water wars, the 1974 film “Chinatown,” focuses on the mysterious Evelyn, who must finally explain whether a young girl is her daughter or her sister. The awful truth unfolds. She is murdered – shot through the eye as her daughter or sister screams. Evelyn’s private detective/lover is told to leave it alone; he doesn’t understand what’s going on. His partner utters the grim tagline, “Forget it Jake; it’s Chinatown,” from which the movie takes its title. In Alvarez v. Wilmington Trust, the latest Wilmington Trust ERISA lawsuit, the prize at the center of the story is not water rights, but the vast sums of money held in Employee Stock Ownership Plans, ERISA retirement plans designed to invest primarily in employer stock.
Read [ ERISA Lawsuit Targets ESOP Scam ]

Workplace Sexual Harassment and Retaliation – Attorney Weighs In

Workplace Sexual Harassment and Retaliation – Attorney Weighs In September 17, 2020. By Jane Mundy.
Manhattan, NY A sexual harassment and retaliation settlement was in the spotlight, this past July. It involved more than 25 construction workers who were subjected to physical assaults and other types of harassment, and some workers were retaliated against after complaining to supervisors. “It’s so important that these women supported and corroborated each other,” says attorney Vincent White.  “It is never okay for someone to harass you at work.”
Read [ Workplace Sexual Harassment and Retaliation – Attorney Weighs In ]

Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws?

Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws? September 16, 2020. By Anne Wallace.
San Francisco, CA Bradley et al v. T-Mobile US Inc. et al., a long-running lawsuit first filed in 2017, alleges that T-Mobile’s Facebook recruitment practices violated the Age Discrimination in Employment Act (ADEA). The nationwide, class action lawsuit also alleges violations of the California labor code and other state laws.
Read [ Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws? ]

Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court

Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court September 13, 2020. By Anne Wallace.
San Francisco, CA  Two federal appeals courts have or will consider whether Lyft and GrubHub drivers are engaged in interstate commerce , and so exempt from the requirements of the Federal Arbitration Act (FAA). The California labor lawsuit. Rogers v. Lyft, Inc., began as a dispute about the drivers’ lack of paid sick leave. The drivers’ appeal from a decision of the Northern District of California will be heard by the Ninth Circuit. On August 19 the Ninth Circuit held that Amazon last-mile delivery drivers were engaged in interstate commerce even when they never crossed state lines.
Read [ Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court ]

Biogen ERISA Lawsuit Slams 401k Fiduciaries for Poor Investments, High Costs

Biogen ERISA Lawsuit Slams 401k Fiduciaries for Poor Investments, High Costs September 10, 2020. By Anne Wallace.
Boston, MA On August 31, participants in the Biogen, Inc. 401(k) Savings Plan filed a class-action ERISA lawsuit, alleging that plan administrators mismanaged employees’ retirement savings in ways that will leave them poorer in retirement.
Read [ Biogen ERISA Lawsuit Slams 401k Fiduciaries for Poor Investments, High Costs ]

Amazon Last Mile Delivery Workers Get Right to Sue under California Labor Law

Amazon Last Mile Delivery Workers Get Right to Sue under California Labor Law September 8, 2020. By Anne Wallace.
San Francisco, CA California “last mile” delivery drivers, who are often hired as independent contractors, may have the right to file lawsuits for overtime, minimum wage and other California labor law violations. In a recent Ninth Circuit decision, Rittman v. Amazon, the court held that an Amazon Flex driver was not bound by the terms of an arbitration agreement he had signed. Even though his tasks never led him across state lines, he was exempt from the Federal Arbitration Act’s (FAA) enforcement provisions as a transportation worker engaged in interstate commerce.
Read [ Amazon Last Mile Delivery Workers Get Right to Sue under California Labor Law ]

Retaliation Lawsuit Against Elon Musk’s Rocket Company Following Sexual harassment Complaints

Retaliation Lawsuit Against Elon Musk’s Rocket Company Following Sexual harassment Complaints September 6, 2020. By Jane Mundy.
Los Angeles, CA Over the course of three summers, former SpaceX intern Julia Crowley-Farenga claims that she was sexually harassed. In her California labor lawsuit, the (now) NASA engineer claims she was retaliated against for filing a sexual harassment complaint to human resources of Elon Musk’s rocket company.
Read [ Retaliation Lawsuit Against Elon Musk’s Rocket Company Following Sexual harassment Complaints ]

Our love-hate relationship with Uber and Lyft –Can we Compromise?

Our love-hate relationship with Uber and Lyft –Can we Compromise? August 26, 2020. By Jane Mundy.
San Jose, CA The mayor of San Jose, Sam Liccardo, is a smart guy. He understands that the public have a love-hate relationship with “gig companies” like Uber and Lyft, and he also understands that there has to be a model of “give and take” from both sides, i.e., the California labor law regulators and leading gig companies.
Read [ Our love-hate relationship with Uber and Lyft –Can we Compromise? ]

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