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  • “Quit or Die, N----r,” Read the Note
    Sep-17-21 Fresno, CA Three former employees of Kraft Heinz Foods Co. at the Tulare, California plant have filed a lawsuit citing violations of federal and California employee labor laws including Title VII of the Civil Rights Act of 1964; Section 1981 of the Civil Rights Act of 1866; the Americans with Disabilities Act of 1990; the California Fair Employment and H...
  • California Assembly Bill 701 To Hold Amazon Accountable for Safe Workplace
    Sep-10-21 Santa Clara, CA Assembly Bill 701 is expected to reach California lawmakers any day now. Bill 701 will curtail Amazon’s algorithm-led and unfavorable warehouse work conditions by requiring warehouses to disclose quotas and work speed metrics to employees and government agencies. The bill will also put an end to “time off task” penalties...
  • CPAP Sleep Machine Nightmare – for both Consumers and Philips
    Sep-13-21 St Louis, MO Philips CPAP sleep machine recall has caused a rude awakening for thousands of users who rely on the sleep machine to get them through the night – alive. Meanwhile, the U.S. Judicial Panel on Multidistrict Litigation will discuss next month the future of sleep machine lawsuits throughout the federal court system. JPML Hearing As...
  • NLRB Hears Complaints of Workers Fired, Disciplined for Protesting Google’s Anti-Immigrant Work
    Sep-8-21 San Francisco, CA In Google LLC and Alphabet Inc , the National Labor Relations Board (Board) charged Google and its parent company, Alphabet, Inc. with violating Sections 7 and 8 of the National Labor Relations Act (NLRA). That federal law guarantees the rights of workers to unionize, join together to advance their interests as employees, and to refrai...
  • Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings
    Sep-6-21 Miami, FL  On August17, three former participants in the Baptist Health South Florida, Inc. 403(b) Employee Retirement Plan (BHSF Plan) sued plan fiduciaries for breaching their duty of loyalty and prudence to participants and beneficiaries by paying “astronomical” management fees. The named plaintiffs in the ERISA lawsuit  seek...
  • McDonald’s Employees “Treated Like Dogs” Reach Settlement
    Sep-3-21 Oakland, CA Workers at Oaklands McDonald’s who claimed they had to wear dog diapers and coffee filters instead of face masks settled a California safety lawsuit August 12. McDonald’s Safety Settlement Part of the settlement requires the franchise to maintain numerous safety measures, provide paid breaks to ensure that workers can saniti...
  • Philips CPAP Sleep Machines: Investors Over Individuals?
    Sep-1-21 Santa Clara, CA Philips “regretfully” told its investors of a foam problem with certain sleep and respiratory care products, including DreamStation CPAP Machines, but consumers weren’t told of the serious problem until the recall—issued 49 days after investors knew. Consequently, CPAP sleep machine lawsuits alleging failure to war...
  • New Roundup MDL Claimants Must Participate in Settlement Process
    Aug-29-21 San Francisco, CA The Northern District of California has ordered current and future plaintiffs in the Monsanto glyphosate multidistrict litigation (MDL) who have not already reached a settlement with Monsanto to participate in a program that has been overseen by Special Master Ken Feinberg since 2019. The Order has apparently prompted Bayer AG, Mo...
  • California Grocery Stores Fined for Failure to Pay COVID-19 Sick Leave
    Sep-2-21 Santa Clara, CA Three El Super grocery stores in Southern California were slapped with fines of more than $447,000 by California regulators last month for failing to provide or delay sick leave during the pandemic. The California Labor Commissioner’s Office said some of the 95 employees were forced to work while sick, others were told to apply for...
  • CVS to Settle California Labor Lawsuit for $10.4 Million
    Aug-31-21 Los Angeles, CA The federal court for the Central District of California has approved a settlement under which CVS Pharmacy will pay retail pharmacists $10.4 million to compensate them for off-the-clock training time. Chalian v. CVS alleges that the retail pharmacy giant failed to credit time actually spent in required training, in violation of Californ...
  • Bard Hernia Mesh Bellwether Trial Underway
    Aug-30-21 Columbus, OH More than 8,000 hernia mesh patients and their attorneys who filed Ethicon physiomesh complaints are likely watching closely C.R. Bard’s first bellwether trial, which is expected to last five weeks and two days. The bellwether trial, which began on August 2 before U.S. District Judge Edmund A. Sargus, Jr. is underway in the Sou...
  • Maine First to Enact Ban on Polyfluoroalkyl substances (PFAS)
    Aug-26-21 Augusta, ME Maine is the first state to ban polyfluoroalkyl substances – toxic chemicals that are used in firefighting foam and many other products. PFAS, also known as ‘forever chemicals’, has been linked to water contamination, which has led to many serious health issues and PFAS lawsuits nationwide. In July 2021 the state introduc...
  • Louisiana Paraquat Distributor files Toxic Tort Lawsuit against Syngenta
    Aug-27-21 Shreveport, LA  In a toxic tort lawsuit filed in the Western District of Louisiana, Michael Hensgens alleges that low-level exposure to Paraquat over the years he worked as a Paraquat distributor caused his Parkinson’s disease. Hensgens v. Syngenta will likely be consolidated for pretrial motions with the growing body of Paraquat litigatio...
  • Zantac Bellwether Trials Likely in 2023
    Aug-25-21 West Palm Beach, FL On June 14, the Southern District of Florida, where Zantac cancer lawsuits have been consolidated for pretrial motions, issued an amended case management schedule. The Order anticipates that bellwether trials will begin in 2023. It also sets a rough timeline for preliminary steps that will shape the litigation and determine the lik...
  • Boy Scouts Sexual Abuse Agreement
    Aug-23-21 Irving, TX A tentative agreement has been reached with the Boy Scouts of America and some 70,000 sexual abuse victims, but there is opposition to the $850 million settlement, including sponsoring churches and insurance companies. Why now? Information kept secret for decades has recently become public knowledge and in its wake thousands of sexual abuse...
  • Washington Football Team to Pay $10 Million Plus Legal Fees to End Sexual Harassment Claims
    Aug-12-21 Alexandria, VA On July 1, the NFL announced that it had fined the Washington Football Team $10 million plus fees and expenses incurred in the investigation of allegations of sexual harassment by female employees. The conclusions of the investigation have not been publicly released, and efforts to keep the underlying allegations secret have sparked more l...
  • Patients “Deceived” and “Scammed” by ER Fees
    Aug-18-21 Santa Clara, CA Patients treated at ER, sometimes for minor issues, say they aren’t told their insurance is out-of-network and that emergency room fees , including certain tests and procedures, will wind up costing them thousands and thousands of dollars. After waiting three hours in the ER, Philip had a sliver removed from his leg: a minor incis...
  • YUM! Brands Recruiter Files ERISA Lawsuit over Misclassification
    Aug-16-21 Los Angeles, CA On July 9, Tim Alders, formerly an Executive Recruiter for YUM Brands Inc. and Taco Bell Corp. filed an ERISA lawsuit alleging that the fast-food conglomerates deprived him of pension and other benefits by deliberately misclassifying him as an independent contractor, rather than an employee. Tim Alders v. YUM, Inc. is neither a standard...
  • Drivers’ PAGA Claims Survive Postmates’ Arbitration Challenge
    Aug-13-21 San Francisco, CA On July 20, the California Court of Appeals rejected Postmates Inc.’s argument that the plaintiff drivers must submit their Private Attorney Generals Act (PAGA) claims to arbitration. In Winns v. Postmates, Inc. , the couriers alleged that Postmates withheld wages, took tips given intended for couriers and misclassified the...
  • Minor League Baseball Players Sue for Unpaid California Wages
    Aug-9-21 San Francisco, CA On July 23, the U.S. Magistrate sitting in the Northern District of California narrowed the subclass of plaintiffs who may seek injunctive relief in Senne v. Office of the Commissioner of Baseball . The lawsuit that makes claims under California prevailing wage laws among other state and federal statutes. The minor leaguers allege that...
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