LAWSUITS NEWS & LEGAL INFORMATION
Unpaid Wages Legal News Articles & Interviews
August 2, 2021. By Jane Mundy.
Read [ SkyWest Flight Attendants File Rest and Meal Break California Lawsuit ]
Sacramento, CA SkyWest flight attendants are proceeding with their meal and rest break proposed class action after a California judge rejected the airline’s argument that federal regulations governing the airline industry preempt their claims.
July 30, 2021. By Anne Wallace.
Read [ ABM Industries to Settle Janitors’ Wage Lawsuits for $140 Million ]
San Francisco, CA On July 8, ABM Industries entered into a written agreement to settle the consolidated lawsuits, ABM Industries Overtime Cases (also known as the “Bucio case”), pending in the Superior Court of California, County of San Francisco. Filed in 2006, the lawsuits allege that ABM’s prior timekeeping and payment practices shortchanged as many as 50,000 janitorial employees in violation of the California Labor Code. Under the terms of the proposed settlement, ABM will pay a total sum of $140 million to resolve all claims. The settlement remains subject to court approval.
July 23, 2021. By Anne Wallace.
Read [ Creeping Data Collection at Family Dollar, Dollar Tree ]
Chicago, IL Family Dollar collected Mantrise Herron’s fingerprints without her permission in apparent violation of Illinois’ Biometric Information Privacy Act (BIPA). BIPA is a privacy-protection law, and Herron v. Family Dollar Inc. is a class action privacy protection lawsuit. But privacy is increasingly a luxury for the well-heeled and well-informed. The rubber hits the road when privacy concerns become unpaid wages claims or employment discrimination lawsuits. This is where many workers begin. Let us also begin at the beginning….
July 15, 2021. By Anne Wallace.
Read [ Magistrate Recommends Certification of Some Classes in Amazon Wage Lawsuit ]
Sacramento, CA On June 8, U.S. Magistrate Judge Barbara A. McAuliffe recommended that the Eastern District of California certify several classes of plaintiffs in Trevino v. Golden State FC LLC. In Trevino, workers at various Amazon fulfillment centers alleged that the internet retail giant had violated the California Labor Code by failing to pay wages due for regular and overtime hours worked and provide required meal and rest periods. The lawsuit sought class action certification for groups of similarly situated workers who could number in the hundreds of thousands and who worked at 50 California facilities. The Magistrate determined, however, that the claims of some workers were too individualized to merit inclusion in a class action lawsuit.
July 12, 2021. By Anne Wallace.
Read [ Pilgrim’s Pride Settles Out of “Wage-Fixing” Lawsuit ]
Baltimore, MD Pilgrim’s Pride Group, one of many poultry processors/defendants, has agreed to settle out of Jien v. Perdue Farms Inc. for $29 million and an agreement to cooperate against the remaining defendants. Rather than proceeding as an unpaid wages claim, Jien was brought as an antitrust case under the Sherman Act. The Sherman Act prohibits anticompetitive practices and has been used recently to protect wages. For workers, the effect of “wage-fixing” across an industry is very like the effect of failing to pay legally-required wages. Exploited workers, doing dangerous jobs, live at or near poverty.
July 6, 2021. By Anne Wallace.
Read [ Entry-Level Manager Sues Amazon for Misclassification ]
Oakland, CA Arguments in Michael Ortiz v. Amazon.com LLC opened in the Northern District of California on June 21, nearly five years after the California wage and hour lawsuit was initially filed. Much has already happened; the court has stripped out claims under the federal Fair Labor Standards Act (FLSA) and denied the plaintiffs’ request to proceed as a class action lawsuit.
June 24, 2021. By Anne Wallace.
Read [ Ninth Circuit Reverses $102 Million Wage Penalty against Walmart ]
San Francisco, CA On May 28, the Ninth Circuit reversed a decision by the Northern District of California that had required Walmart to pay $102 million in penalties for violations of the California Labor Code. The Ninth Circuit’s decision in Roderick Magadia v. Wal-Mart Associates was a blow to thousands of Walmart workers. It may also have significant repercussions for the future of California labor lawsuits under the Private Attorneys General Act (PAGA). Ultimately, the latter may be more of a problem.
June 16, 2021. By Anne Wallace.
Read [ Nike to Settle Bag Check Lawsuit for $8.25 Million ]
San Francisco, CA Sneaker giant Nike seems poised to settle a long-running California labor lawsuit for $8.25 million. Rodriguez v. Nike Retail Services Inc. has a history that reflects one of the more significant developments in California labor law since 2018.
June 11, 2021. By Anne Wallace.
Read [ Ecolab to Settle Overtime Lawsuit for $2.55 Million ]
San Francisco, CA Parties have asked the Northern District of California to approve an agreement to settle unpaid wages claims against Ecolab. If approved as expected, the settlement would end a lawsuit in which employees claim that they were misclassified as salaried workers and consequently deprived of overtime, double time and unpaid rest periods including meal breaks.
June 8, 2021. By Anne Wallace.
Read [ California Supreme Court to Rule on Rest and Meal Premium Payments ]
Los Angeles, CA On May 18, the California Supreme Court heard arguments about what the phrase “regular rate of compensation” means for the purpose of calculating premium payments that must be paid when employers fail to offer meal and rest breaks as required by the California Labor Code. More specifically, the questions are: Does the phrase “regular rate of compensation,” as used in Industrial Wage Order No. 5-2001, mean the same thing as “regular rate of pay” under California Labor Code Section 226.7? Must the premium payments required by Wage Order No. 5 include any additional incentive compensation such as nondiscretionary bonuses, or are they limited to an hourly worker’s base wage?
- Bank of America Settles California Labor Lawsuits By Jane Mundy (May-28-21)
- One Fair Wage Slams Darden Restaurants’ Wage Practices By Anne Wallace (May-24-21)
- Cannabis Unpaid Wages Lawsuit Pushes Policy By Anne Wallace (May-13-21)
- Drillers’ Unpaid Wage Claim Gets Conditional Class Certification By Anne Wallace (May-6-21)
- Production Worker Sues Sporting Goods Retailer for Overtime, COVID-19 Testing By Anne Wallace (Apr-26-21)
- Ninth Circuit Asked to Require Hotel to Rehire Workers with Back Pay and Damages By Anne Wallace (Apr-20-21)
- Walgreens Poised to Settle Pharmacy Tech Wage Lawsuit for $3.3 Million By Anne Wallace (Apr-15-21)
- 7-Eleven Franchisees Glorified Managers or Business Owners? By Jane Mundy (Apr-8-21)
- Claims of Rampant Gender Wage Discrimination at Disney By Anne Wallace (Mar-23-21)
- Ninth Circuit Upholds Flight Attendants’ Claims for Overtime, Rest and Meal Breaks By Anne Wallace (Mar-17-21)
- California Unpaid Wages Lawsuit Targets Walmart COVID Screening By Anne Wallace (Mar-8-21)
- Employer Must Pay Attorney for Secret Settlement By Jane Mundy (Mar-7-21)
- San Diego to Pay $3.4 Million to Settle Firefighters’ Overtime Claims By Anne Wallace (Feb-26-21)
- Amazon to Pay $61.7 Million to Settle FTC Charges of Tip Theft By Anne Wallace (Feb-23-21)
- Labor Commissioner files $1.3 million California unpaid wages lawsuit By Anne Wallace (Feb-12-21)
- California Supreme Court Says Proposition 22 is a Done Deal By Jane Mundy (Feb-11-21)
- California “New” Hero Pay for Grocery Workers Backfires By Jane Mundy (Feb-10-21)
- Terminations Main Reason for COVID-19 Workplace-Related Lawsuits By Jane Mundy (Jan-31-21)
- California Poultry Processor Slapped with TRO By Anne Wallace (Jan-26-21)
- California Coronavirus Litigation—Amazon Evades Attorney General: A TimeLine By Jane Mundy (Jan-21-21)
- Walgreens Wages and Waste Settlements By Jane Mundy (Jan-19-21)
- Pot Shop Employees High-Five Union for Back Pay By Jane Mundy (Jan-14-21)
- Olson v. Becerra Challenges AB 5 Constitutionality Again By Anne Wallace (Jan-13-21)
- Some California Drivers May Lose Their Right to Pursue Wage Lawsuits against Uber By Anne Wallace (Jan-10-21)
- California Nursing Home Overtime Settlement By Jane Mundy (Jan-5-21)
- Oracle in the Hot Seat over Gender Pay Discrimination (Again) By Anne Wallace (Jan-4-21)
- Nurse Recruiters Fight for Meal Break Pay By Anne Wallace (Dec-28-20)
- Fourth Circuit Says “No” to Counting Commissions for Minimum Wage By Anne Wallace (Dec-18-20)
- Can California Cashiers Sit on the Job? By Jane Mundy (Dec-17-20)
- Rothenberg Ventures Management Employees Sue for Back Wages By Anne Wallace (Dec-11-20)
- Ride-Hailing Companies exempt from classifying drivers as employees, but not exempt from California labor lawsuits By Jane Mundy (Dec-9-20)
- Walmart Howls at California Labor Law Fines By Anne Wallace (Dec-3-20)
- California Court Approves Taylor Farms Wage and Hour Settlement By Anne Wallace (Nov-25-20)
- California Office Manager Need Not Arbitrate PAGA Claim By Anne Wallace (Nov-24-20)
- Chipotle Workers Argue Against Supreme Court Review of Wage and Hour Lawsuit By Anne Wallace (Nov-23-20)
- Is Dynamex Ruling Retroactive? By Jane Mundy (Nov-18-20)
- Third Circuit Revives Oil Workers’ Donning and Doffing Lawsuit By Anne Wallace (Nov-16-20)
- California Voters Weighed In: Gig Workers are Independent Contractors By Jane Mundy (Nov-12-20)
- Hewlett Packard Settles Gender Discrimination Wage Complaint By Anne Wallace (Nov-4-20)
- California Court Okays Chipotle Wage Lawsuit Deal By Anne Wallace (Oct-29-20)