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  • Oman v. Delta Airlines is Done. Virgin America v. Bernstein Looms on the Horizon
    May-20-22 Washington, DC On January 10, the U.S. Supreme Court denied Delta Airline’s petition for certiorari, in which it sought review of the question of whether the Constitution’s Article I Commerce Clause and the federal Airline Deregulation Act (ADA) exempted airlines from California labor law’s  wage and hour regulations. This left inta...
  • Flowers Foods and its Drivers Settle for a Lotta Dough
    May-19-22 Portland, ME Flowers Foods has been given the green light by a U.S. District judge to settle a unpaid wages class action lawsuit with its current and former distributors in Maine to the tune of $23 million. No wonder the cost of bread has risen. It can’t be blamed solely on supply shortages. The settlements stems from a lawsuit filed in 2015 tha...
  • Longshore Act and Truckers Workers’ Comp Coverage
    May-18-22 Oakland, CA Whether or not trucking companies with operations on port property – such as the Port of Oakland and the Port of San Francisco – are subject to Longshore Act coverage is yet to be determined.  For the most part, truckers have agreed not to be entitled to Longshore Act benefits, because their work is considered nonmaritime, b...
  • Bard v. Milanesi Good News for Hernia Mesh Victims
    May-17-22 Pensacola, FL Lorna P., one of many hernia mesh victims, is hopeful that she will receive compensation after hearing that the jury in the second C.R. Bard bellwether trial awarded $255,000 to a man allegedly injured by C.R. Bard’s hernia mesh . Lorna (not her real name pending a lawsuit) had her first hernia mesh surgery in 2000, then another and...
  • Plaintiffs Seek Recusal of Latest Judge in Home Depot ERISA Lawsuit
    May-16-22 Atlanta, GA On April 15, plaintiffs in Pizarro v. The Home Depot asked U.S. District Judge Steven D. Grimberg to recuse himself because of his association with the Chamber of Commerce, which had filed an amicus curiae brief in support of The Home Depot in 2021. The $140 million class action ERISA lawsuit was assigned to Judge Grimberg on March 4 of t...
  • Family of Las Vegas man denied cancer treatment awarded  $200M verdict in insurance bad faith lawsuit
    May-11-22 Las Vegas, NV (April 26, 2022) A jury awarded $40 million in compensatory damages and $160 million in punitive damages to the family of a Las Vegas man who died after being wrongfully denied a specific type of cancer treatment. Sierra Health and Life, a UnitedHealthCare Company, denied Bill Eskew’s claim for proton beam therapy (PBT). Sandy Eskew, th...
  • Minor League Players “Chasing a Dream” Under Harsh Living Conditions
    May-11-22 Santa Clara, CA If Major League Baseball and its teams have their way, minor leaguers will be prohibited from mentioning their purported poor living conditions at a California wage trial, arguing that the evidence is irrelevant and could unfairly sway jurors. Chasing the Dream Back in 2014, three minor league baseball players filed a class action i...
  • Alcoa Fights Retirees’ ERISA Lawsuit over Health Benefits Plan
    May-10-22 Evansville, IN In December 2020, Alcoa USA Corp. retirees brought an ERISA lawsuit in the Southern District of Indiana to block Alcoa’s announced plan to change the way in which it provided collectively bargained retiree health benefits. The changes at issue in Kaiser v. Alcoa USA Corp. (originally captioned Simpkins v. Alcoa USA Corp. ) became...
  • Uber’s Petition to Arbitrate Driver’s Misclassification Complaint Denied
    May-9-22 Santa Clara, CA A state appeals court told Uber last month that it cannot force a former driver to arbitrate his misclassification lawsuit or even whether he is an employee and therefore entitled to bring a representative claim under California’s Private Attorneys General Act (PAGA). Erik Adolph, a former UberEats driver, (Uber's meal delivery...
  • California Overtime FAQ
    What is overtime? Generally, unless you are properly classified as exempt, any time that is worked past 8 hours in one shift, over 40 hours in one work week, or working 6 days in one work week is considered overtime work . This time is to be paid at the overtime rate. Hours worked in excess of 8 in one day are paid at time and a half. Hours work...
  • California Overtime Lawsuit News and Legal Information
    Does your employer owe you for unpaid overtime? California law provides protections for employees, with stiff penalties for wage and hour violations. If you believe that your employer has violated the California labor code, you have every right to file an overtime lawsuit. As a general rule, employers must pay an overtime premium of one...
  • MLB Farm Team Players to Get Their Day in Court
    May-6-22 San Francisco, CA  The class and collective wage claims of minor league baseball players in the long running Senne v. Office of the Commissioner of Baseball will finally go to trial  on June 1 in the Northern District of California. The only remaining questions for the California players, according to the plaintiffs’ trial plan, involve...
  • Debtor-in-Possession Bankruptcy for MD Helicopters?
    May-3-22 Wilmington, DE MD Helicopters Inc. appears to have secured financing that will allow the company to emerge from bankruptcy as an operating business. The company’s Chapter 11 bankruptcy petition was, however, only the latest twist in a case that began as a whistleblower lawsuit in 2013. The revolving door and the fraud that followed  Th...
  • Activision Blizzard To Settle for $18 million in Discrimination Lawsuit
    Apr-30-22 Santa Monica, CA Activision Blizzard has agreed to pay $18 million to settle a workplace discrimination lawsuit  filed by the Equal Employment Opportunity Commission (EEOC). Workers employed by the video game giant after September 2016 and believe that they experienced harassment, discrimination or retaliation will be eligible to apply for a share of...
  • Teamsters Sue UPS for Pension and Welfare Contributions
    Apr-30-22 Newark, NJ On March 23, the Trustees of the Teamsters Pension Trust Fund of Philadelphia and Vicinity filed a lawsuit in federal court in New Jersey, alleging that UPS had failed to make required contributions to the pension and welfare funds for 2015. The ERISA lawsuit seeks nearly $300,000 in unpaid contributions to the two plans plus attorneys&rsquo...
  • Two Open-Heart Surgery Outcomes Involving Stockert 3T Heater-Cooler System
    Apr-29-22 Santa Clara, CA The chances of developing an infection after cardiac surgery is slim – an estimated 1 in 5,000 patients who had heart valve surgery and even lower for other types of surgery. But that percentage is higher if a Stockert 3T Heater-Cooler was used during surgery. Rod says he hasn’t recovered from his heart surgery and Carol&...
  • Two Brooklyn Health Care Agencies Settle Fraud Lawsuits
    Apr-28-22 Brooklyn, NY  Two Brooklyn Home Care Service agencies failed to cheat both the federal government and their health care aids and now they have to pay nearly $7 million in back wages and Medicaid payments following two settlement agreements with New York Attorney General Letitia James. In its news release (March 25, 2022), the Justice Department s...
  • Long-Term Disability Attorney Discusses Long-COVID Disability Claims
    Apr-27-22 Northridge, CA It’s no surprise that some “long COVID-19” claims are denied by insurance companies: there was even a debate about whether it was real. But long-term disability attorney Brent Dorian Brehm, with Kantor & Kantor LLP has already won “post-COVID-19 syndrome” appeals for his clients. Brehm discu...
  • Long Beach City College Allegedly Violated Minimum Wage Laws
    Apr-26-22 Long Beach, CA A proposed California labor class action lawsuit filed by part-time instructors at Long Beach City College claims the district violated minimum wage laws by not paying them all hours worked. Part-time instructors are often paid for the hours they spend in front of students and are not compensated for out-of-classroom work such as preparing...
  • Zumiez’s Proposed Settlement with Retail Employees
    Apr-25-22 Santa Clara, CA If the Zumiez $2.8 million deal goes through, over 6,000 former and current Zumiez retail employees who worked in California from Aug. 1, 2012, to June 3, 2016 will each receive about $455 each and it will end the proposed class action filed in California federal court. The deal originates from a lawsuit filed back in 2016—workers dem...
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