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December 8, 2019
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Unconscionable Arbitration Agreements; Less than Candid Lawyers
Unconscionable Arbitration Agreements; Less than Candid Lawyers
San Francisco, CA On October 30 a California state appellate court denied an effort  by TWC Dealer Group to compel former employees to arbitrate violations of California labor law including race and age discrimination, wage violations and wrongful termination. The takeaway for workers forced to arbitrate is a lesson in what constitutes an unconscionable contract.

Disney’s Overtime Deal
Disney’s Overtime Deal
Santa Clara, CA Disneyland workers on November 4 got the green light to settle their California overtime class action lawsuit, but a federal judge needs “further convincing” before approving one-third of the $2 million settlement for attorney fees.

Goldman Sachs 401k Plan Participants file ERISA Lawsuit over Self-Dealing
Goldman Sachs 401k Plan Participants file ERISA Lawsuit over Self-Dealing
New York, NY A class action ERISA lawsuit filed on October 25 in the Southern District of New York claims that Goldman Sachs Inc. and related defendants failed to administer the Goldman Sachs Group Inc. 401k plan prudently and in the best interest of participants. Instead, Falberg v. Goldman Sachs Group Inc. alleges that Goldman managed the plan to benefit the company at the expense of participants. Plan fiduciaries did this by keeping many underperforming proprietary mutual funds in the investment lineup.

California Assembly Bill 5 in for a Bumpy Ride with Truckers
California Assembly Bill 5 in for a Bumpy Ride with Truckers
Sacramento, CA California trucking fleets don’t agree with California Gov. Gavin Newsom, who says that AB5, a new California labor law, he signed into law on Sept 11 is a “landmark legislation for workers and our economy.” Rather, the California Trucking Association (CTA) argues in its federal lawsuit that the bill “runs afoul of federal law.”

More Zantac Cancer Lawsuits and Recalls
More Zantac Cancer Lawsuits and Recalls
Santa Clara, CA As more pharmaceutical companies are hit with Zantac cancer lawsuits, they are recalling the acid reflux medication in the U.S. and Canada over complaints of a link to a probable carcinogen called called N-nitrosodimethylamine (NDMA), a chemical that has already been found in animals.

Asbestos Re-Surfaces in J&J Talcum Powder
Asbestos Re-Surfaces in J&J Talcum Powder
Washington, DC For the first time ever, Johnson & Johnson recalled its baby powder (specifically single lot #22318RB, comprising 33,000 bottles) after the FDA announced trace levels of asbestos were found—purchased from an online retailer. J&J said it is working with the FDA to determine whether the product tested is authentic, counterfeit, or whether cross-contamination of the sample caused a false positive. And it also shows how the FDA lacks the ability to test consumer talc products.

Players Challenge NCAA Pay Caps
Players Challenge NCAA Pay Caps
Oakland, CA Here’s the big question:  Does it make sense to resolve pay cap disputes between college athletes and the NCAA under federal antitrust law; or will justice be better served if courts understand the issue through the lens of wage and hour laws, including California labor law?  

Bayer “Not Playing Nice in the Sandbox” of Monsanto Litigation
Bayer “Not Playing Nice in the Sandbox” of Monsanto Litigation
Oakland, CAThere’s a dispute during the recent Roundup hearing: Monsanto has asked a California judge to depose cancer patients’ treating physicians first, but  plaintiffs’ attorney argues that will put his clients at an “extreme disadvantage”.

Philadelphia Federal Credit Union Accused of “Gouging” Consumers with Multiple NSF Fees
Philadelphia Federal Credit Union Accused of “Gouging” Consumers with Multiple NSF Fees
Philadelphia, PA  “Gouging” is often implied, but rarely actually said excessive overdraft fee lawsuits. But there it is, in the class action lawsuit’s description of Philadelphia Federal Credit Union’s practice of charging multiple $28 insufficient fee charges for the same transaction and PFCU’s legal duty not to “[exercise] its discretion to enrich itself and gouge its customers.” It’s hot language, but a simple story.

T-Mobile Retail Workers Reach Wage Deal under California Labor Law
T-Mobile Retail Workers Reach Wage Deal under California Labor Law
Santa Clara, CA T-Mobile will pay $8 million to settle California labor law violations. The telecommunications company allegedly failed to pay minimum and overtime wages; and compensation for off-the-clock work, and didn’t provide workers proper meal and rest breaks.

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