California Nursing Home Overtime SettlementLos Angeles, CA A California labor lawsuit claiming wage and labor violations has finally been agreed upon for $3 million. The Private Attorneys General Act (PAGA), originally filed in 2015, sought to represent over 250 former and current nursing home workers employed by Five Star Quality Care Inc.
Oracle in the Hot Seat over Gender Pay Discrimination (Again)San Mateo, CA On December 18, the California Superior Court refused to dismiss a Complaint alleging that Oracle America, Inc. systematically paid women less than men for comparable work. The California labor lawsuit, describes a pattern all-too-familiar from other gender discrimination lawsuits against Silicon Valley tech giants, including Google, Uber and HP as well as Oracle.
Proton Pump Inhibitors – More Harm than Good, especially in COVID-19 PatientsSanta Clara, CA Over the past several years, Proton Pump Inhibitors (PPI) have been linked to serious health complications. And more recent studies indicate that these acid reflux drugs do more harm than good. One such study opines that PPI exposure increases mortality in COVID-19 patients. Other studies suggest PPIs can damage major organs and regular use of PPI is linked to a higher risk of being diagnosed with type 2 diabetes and serious skin reactions such as life-threatening Stevens-Johnson Syndrome. And there is more…
Nurse Recruiters Fight for Meal Break PaySan Francisco, CA On December 1, the California Supreme Court heard arguments by nurse recruiters seeking to revive a California labor lawsuit against AMN Services LLC. The lawsuit, originally filed in 2014, arose from the way the company’s time-rounding software had tracked employees’ required meal breaks.
PFAS Association with COVID – Advice is ConfusingTraverse City, MI Some health experts and scientists offer confusing, and rather nonsensical, advice regarding PFAS and its association with COVID-19. Some health experts say that, "people with high levels of PFAS have a greater risk of being infected with COVID, and “special pandemic consideration may be appropriate for those exposed to PFAS chemicals.” Such open-ended statements open a veritable can of worms, and many questions.
Fourth Circuit Says “No” to Counting Commissions for Minimum WageRichmond, VA On November 24, the Fourth Circuit gave new life to a Fair Labor Standards Act (FLSA) lawsuit brought by restaurant workers who accused their employer of violating the FLSA’s minimum wage and overtime requirements by mis-classifying gratuities and permitting ineligible employees to share in the tip pool.
Wai Tom v. Hospitality Ventures LLC wades into a dense thicket of questions surrounding how the FLSA protects tipped workers.
Can California Cashiers Sit on the Job?Sacramento, CA The latest ruling over Ralphs Grocery Store seating for cashiers – initially filed in 2016— has reversed a trial court’s decision to link two California labor lawsuits that accuse parent company The Kroger Co. of not providing its employees with seating. On November 20, the California state appeals court found that cases implicating different job titles, time periods and claims could be litigated separately.
PFAS Contamination In Japan Linked to U.S. Military Firefighting FoamTokyo, Japan A new book detailing how the U.S. military is responsible for PFAS contamination in Japan is timely: firefighting foam lawsuits filed by local governments and water districts and former firefighters are on the rise across the U.S. The book and PFAS lawsuits claim, as Japan does, that direct exposure to PFAS chemicals, including contaminated drinking water, causes testicular cancer, kidney cancer, pancreatic cancer and other injuries.
“Abysmal” or “Too Conservative”? Supermarket ERISA Lawsuit to Settle for $17.5 MillionBoston, MA Toomey v. DeMoulas Super Markets, Inc., a class action ERISA lawsuit filed in the Massachusetts District Court in 2019, will settle for $17.5 million and prospective changes to the plan’s investment strategy, pending the court’s final approval in April 2021. While ERISA industry advisors have characterized the DeMoulas (Restated) Profit Sharing Plan and Trust’s investment management style as “too conservative,” the Complaint is far more brutal. It describes the performance of the investment fund as “abysmal.”
