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  • United Airlines Appears to Stiff Early Retirees
    Aug-8-22 Chicago, IL Cast your mind back to 2020. We were staying at home, fully masked, wearing blue gloves, bleaching our kitchen counters and very worried about people living in congregate settings, like nursing homes. Needless to say, we weren’t flying anywhere. United Airlines, like all other airlines, had a powerful incentive to reduce overhead, includi...
  • Marine at Camp LeJeune with Cancer Concerned about Children
    Aug-4-22 Raleigh, NC  Patrick and his wife spent three years at Camp LeJeune – long enough to develop health problems from contaminated water . “When I first heard about the contamination I was extremely concerned,” says Patrick. “None of us had heard about the toxic water until a few years ago, and now I am extremely mad.” Pa...
  • Supreme Court Deals Blow to California PAGA Claims
    Jul-31-22 Washington, DC  On June 15, in Viking River Cruises, Inc. v. Moriana , the U.S. Supreme Court held  that the Federal Arbitration Act (FAA) preempts California’s Private Attorneys General Act (PAGA). The decision reverses standing precedent under California labor law , which had permitted class action labor lawsuits against employers even...
  • Nurse Files Same California Labor Class Action – Twice
    Jul-31-22 Riverside, CA The California Supreme Court has given the green light to a nurse who brought a second class action lawsuit, alleging the same California wage and hour violations, but against two entities not directly connected. The First Lawsuit Lynn Grande was employed at Eisenhower Medical Center, which was arranged by a staffing agency called Fle...
  • U.S. v. Academy Mortgage Corp., the Whistleblower Lawsuit that Will not Die
    Jul-27-22 San Francisco, CA  Academy Mortgage Corp. has asked the Northern District of California to dismiss a whistleblower lawsuit brought by a former underwriter, Gwen Thrower. The lawsuit, which was initially filed in 2016, accuses Academy Mortgage of writing shaky FHA-backed mortgage loans to boost the company’s profits. In 2020, the federal govern...
  • Lawsuit: Philips Knew CPAP Sleep Machines Link to Cancer
    Jul-28-22 Santa Clara, CA Philips has been slammed with another Dreamstation lawsuit , alleging the company knew its sleep machines could cause cancers and other injuries years before the world-wide recall. Mario Olivares filed the lawsuit mid-June in the U.S. District Court for the Western District of Pennsylvania, claiming that Philips knew for years that its...
  • Abbott Formula and ‘Absurd’ Loophole
    Jul-25-22 Chicago, IL In an attempt to keep Similac baby formula lawsuits in federal rather than state court, Abbott tried to use a legal loophole known as “snap removal”, but a federal judge rejected it as “absurd” and kicked the four lawsuits back to state court. The plaintiffs claim that Abbott’s Similac PM 60/40 formula caused a de...
  • Supreme Court Declines to Hear Airlines Meal & Rest Break Appeal
    Jul-26-22 Santa Clara, CA The U.S. Supreme Court at the end of June declined to take up Alaska Airlines appeal of a ruling that Virgin America – now part of Alaska Airlines-- had to give California-based flight attendants meal and rest breaks required by California labor law . The justices found that California's break requirements are not preempted by fe...
  • Laid-Off Tesla Employees File Failure to Warn Lawsuit
    Jul-22-22 Sparks, NV Tesla has been hit with a class action lawsuit after thousands of workers were laid off without being provided with 60 days advance written notice. Former workers at Giga Nevada who filed the labor lawsuit argue that Tesla’s mass layoff violated the Worker Adjustment and Retraining Notification Act (WARN Act). Former Tesla worker...
  • Former Head of Third-Party Billing Company on trial for Health Care Fraud
    Jul-21-22 Islip, NY A number of elements go into the calculation of emergency room fees . Apart from the cost of providing care, hospitals must factor in reasonable expectations that some bills will go unpaid and that insurance companies will try to negotiate certain charges down – sometimes because of suspicions of healthcare fraud. The net effect, however...
  • Mental Health Patient Advocates Fight Wit Reversal
    Jul-18-22 San Francisco, CA In 2019, the Northern District of California’s decision in Wit v. United Behavioral Health was hailed as a big win for patients seeking coverage parity for mental health disorders. But on March 22, 2022 the Ninth Circuit panel reversed the District Court’s decision. The latest twist in this ERISA lawsuit  has throw...
  • Toxic Herbicide Paraquat Lawsuit Claims and Risk of Parkinson’s Disease
    Jul-15-22 Paraquat is a commercial herbicide widely used in the United States. Farmers have had access to it since 1962, and it is known as "gramoxone" in the country. It is used to control and kill weeds in cotton, potato, sugarcane, soybean, and vegetable varieties. This herbicide contains extremely toxic properties, which can be fatal to humans if consu...
  • California Rest Break Law – Then and Now
    Jul-19-22 Los Angeles, CA While the term “coffee break” didn’t show up until the 1950s, two U.S. companies around the turn of the century offered midmorning and midafternoon breaks but their employees had to provide the coffee and they didn’t get a break time to enjoy it. Fast forward to May 2022: Meal and rest period premiums are now “...
  • Google Resolves Gender Discrimination Lawsuit
    Jul-12-22 San Francisco, CA A pay equity California labor class action lawsuit filed in 2017 accusingCalifornia Google of underpaying women has been resolved: the tech giant will settle for $118 million, which involves over 15,000 women employed in California. The Ellis v. Google LLC complaint was initially filed by three female and former employees (a fourth...
  • Former Tesla Employee Rejects $15 million Settlement
    Jul-8-22 Fremont, CA A federal jury in San Francisco last October agreed with plaintiff Owen Diaz that Tesla had created a hostile environment and discriminated against the former worker—who is black -- at its Fremont factory. Tesla was ordered to pay $137 million in the California labor lawsuit but a U.S. District Judge reduced the amount to $15 million. ...
  • The Big Story of UBS Whistleblower Lawsuit
    Jul-7-22 New York, NY After nearly seven years in court, Trevor Murray prevailed in his whistleblower lawsuit  against UBS Securities, his former employer. The latest flurry of activity is an after-the-fact attempt by UBS’s attorneys to reduce the firm’s financial liability. No harm, no foul. It’s simply what diligent lawyers try to do. ...
  • Can my Employer Cut my Health Benefits after I Retire?
    Jul-6-22 Rochester, NY Vollmer v. Xerox Corp. , an ERISA lawsuit  pending in the Western District of New York, raises a question that weighs heavily on the minds of many retirees. Can an employer offer a valuable incentive to encourage workers to retire and then unilaterally change the deal after the employee is out the door?  The latest turn in this...
  • Increased Emergency Room Charges Loom for Patients at Critical Access Hospitals
    Jul-5-22 Clear Lake, CA On April 8, the DC Circuit Court, which has jurisdiction over Medicare cases, held  that Medicare need not reimburse St. Helena Clear Lake Hospital for the cost of maintaining nonemergency room specialists on call. Without Medicare reimbursement, the cost of maintaining these doctors on call will ultimately be passed along to...
  • Amazon Faces Class Action for Not Covering COVID Work-From-Home Expenses
    Jun-30-22 Santa Cruz, CA A federal judge ruled last month that an Amazon employee can go ahead with a class action lawsuit seeking to recoup expenses while working from home during the COVID pandemic. Although California labor law requires employers to reimburse employees for all work-related expenses, Amazon argued that the government told workers to stay home. T...
  • California Attorney General Supports Washington State’s Ruling that GEO owes Detainees Minimum Wages
    Jun-28-22 Santa Clara, CA California's attorney general has taken the lead in supporting Washington State’s decision to enforce minimum wage laws , which includes GEO, a private prison company that, since at least 2005, has paid thousands of detainee workers $1 per day for labor that is necessary to keep its facility operational. The private prison compan...
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