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  • ERISA Lawsuits Target Environmental, Social and Governance Factors in Plan Asset Decisions
    May-16-23 Washington, DC The Department of Labor (DOL) has adopted a rule that would permit, but not require, ERISA  retirement plan fiduciaries to consider environmental, social and governance (ESG) factors in making financial decisions. What is generally referred to as the “2022 rule” took effect on January 30, 2023. Cue the political outrage!...
  • Another WARN complaint Hurled at Twitter
    May-9-23 San Francisco, CA A former Twitter employee has filed a California labor complaint accusing the social media platform of violating the federal Worker Adjustment and Retraining Notification (WARN) Act, the California WARN Act and the California labor code by failing to give workers requisite notice of companywide layoffs. Plaintiff Eitan Adler’s...
  • Ninth Circuit Overturns California’s “No Forced Arbitration Law”
    Apr-30-23 Sacramento, CA In February, the Ninth Circuit ruled that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB51). These sections of California labor law were designed to protect employees from having to choose between a job and the legal right to have disputes resolved in court. The law has been a target of employer groups since i...
  • Grubhub Owes Misclassified Former Driver $65 – with Implications
    Apr-17-23 San Francisco, CA A  Grubhub delivery driver, who accused the food delivery company in 2015 of withholding minimum wage and overtime pay from drivers and that drivers are owed reimbursements for costs accrued through deliveries has been awarded $65.11 – yes, and eleven cents—for California minimal wage violation . The judge ruled that the...
  • Camp LeJeune First Hearing
    Apr-13-23 Raleigh, NC  The first Camp Lejeune hearing to hold the government accountable for victims—Marines and their families-- who were sickened by toxic water at Marine Base Camp Lejeune was held on April 5, 2023. Two Camp Lejeune survivors present were Jerry Ensminger, whose daughter passed away after battling leukemia, and Mike Partain, a male bre...
  • Walmart Faces More Discrimination Complaints
    Apr-10-23 Charlotte, NC Walmart has been slammed with two more disability discrimination lawsuits, both filed by the Equal Employment Opportunity Commission (EEOC). The retail giant is accused of violating the Americans with Disabilities Act and federal law for terminating employees due to disability -related leave and absences. Clearly Walmart didn’t lear...
  • Camp Lejeune Litigation Logjam
    Mar-29-23 Wilmington, NC From Camp Lejeune plaintiffs’ perspective, it seems like the Navy and Marine Corps are missing in action. Over six months since the Camp Lejeune Justice Act (CLJA) has passed, not one Camp Lejeune contaminated water lawsuit has been settled. Instead, wrongful death complaints are increasing. Litigation Logjam Frustrated attorne...
  • Camp LeJeune Contaminated Water Lawsuits – Where’s the Flood?
    Mar-25-23 Wilmington, NC The Camp LeJeune Justice Act of 2022 created a process (admittedly cumbersome) through which veterans and their surviving families might be compensated for harm caused by the base’s contaminated water supplies between 1953 and 1987. The earliest date on which these Camp LeJeune Contaminated Water toxic tort lawsuits could be filed...
  • United Airlines California Wage Statement Settlement
    Feb-21-23 Los Angeles, CA Many of us don’t realize that by providing accurate and complete information in pay stubs, workers’ rights are protected. With that in mind, it helps to understand why a federal judge at the beginning of February granted preliminary approval of a whopping $53.5 million class action and Private Attorneys General Act (PAGA) settle...
  • In Utah Nonpatients Can Sue for Medical Malpractice (Sometimes)
    Feb-7-23 Salt Lake City, UT In 2016, the Utah legislature amended existing medical malpractice law to permit people who are not patients to sue a medical practitioner for medical negligence – but only in some circumstances. The amended law appears to codify the Utah Supreme Court’s 2012 decision in B.R. v. West , a particularly gruesome murd...
  • Camp Lejeune Water Contamination Lawsuits Rising
    Feb-3-23 Camp Lejeune, NC Since the Camp Lejeune Justice Act of 2022 came into effect, the floodgates have opened for veterans to file Camp Lejeune contaminated water lawsuits , along with a trail of red tape. About 14,000 claims submitted by veterans, military family members and others injured by contaminants have already been filed since the Act came into eff...
  • Can PAGA Claims Survive U.S. Supreme Court’s Pro-Arbitration Decisions?
    Jan-24-23 San Francisco, CA In 2023, in Adolph v. Uber Technologies , the California Supreme Court will decide whether non-individual Private Attorneys General Act (PAGA) claims can be heard in a courtroom, rather than before an arbitration panel. This is profoundly significant for lawsuits brought under the California Labor Code because many savvy employers now...
  • California FedEx Driver’s Misclassification Lawsuit Settles
    Jan-6-23 Santa Clara, CA A former linehaul driver for FedEx Ground Package System, Inc. brought a California misclassification lawsuit against FedEx – the poster child for independent contractor misclassification claims. A California federal judge last November agreed to end the lawsuit just days after the driver's proposed class action was denied. A...
  • Jury Awards Idaho Man $7.96 Million in Medical Malpractice Lawsuit
    Dec-29-22 Boise, ID Shane Ackerschott hurt his back lifting freight at work, but that wasn’t what put him in a wheelchair for the rest of his life. An Idaho jury found that Ackerschcott became paralyzed from the waist down because of medical malpractice at the urgent care clinic he and his wife, Rebecca, visited. The jury in Ackerschott v. Mountain View Hos...
  • DOL Files Unpaid Wages Lawsuit on Behalf of Home Healthcare Workers
    Dec-13-22 Washington, DC On July 25, the U.S. Department of Labor filed a lawsuit on behalf of 25 home healthcare workers employed by Getch, Inc. and its owner Gregory B. Getchell. The unpaid wages lawsuit seeks to recover $75,101 in overtime pay and to enjoin the employer from a pattern repeated violations of the Fair Labor Standards Act (FLSA). Similar laws...
  • North Carolina Sues 3M Co. for PFAS/PFOA Environmental Damage
    Dec-5-22 Wilmington, NC On November 4, 2022 North Carolina Attorney General Josh Stein filed four separate per-and polyfluoroalkyl substances (PFAS) and perfluorooctanoic acid (PFOA) state court lawsuits in Mecklenburg, Wayne and Stanly Counties. This is in addition to federal Camp LeJeune toxic tort lawsuits that have been consolidated in the Eastern District...
  • Booz Allen Hamilton BlackRock Target Date Funds at Heart of New ERISA Lawsuit
    Dec-4-22 Richmond, VA On August 2, 2022, Michael Tullgren filed a class action ERISA lawsuit against Booz Allen Hamilton Inc. and fiduciaries of the company’s Capital Accumulation Plan in the Eastern District of Virginia. Tullgren v. Booz Allen Hamilton alleges that company violated its fiduciary duty under ERISA by including poorly performing BlackRock...
  • California Labor Lawsuit News & California Employment Legal Help
    California labor laws are put in place to protect you. The California labor employment law and the California prevailing wage law ensures that your employer does not violate wage and hour issues. Although California boasts some of the strictest state labor laws in the country with stiff penalties for violations, California labor lawsuits are on the rise: The...
  • California Labor Law FAQ
    I was hired "at will". Does that mean my boss can fire me without just cause? Most employees in California are "at-will". According to the California labor law an employee can be suspended or fired at any time for any legal reason. There are exceptions to this law, however, including union workers who have a contract that prohibits firing a worker...
  • Parties to Settle 401k Fiduciary Breach Lawsuit in Reichert v. Juniper Networks, Inc.
    Oct-31-22 San Jose, CA On November 11, the District Court for the Northern District of California is expected to approve a settlement in Reichert v. Juniper Networks Inc . The class action ERISA lawsuit , like many before it, alleges that the fiduciaries of the Juniper Networks, Inc. 401(k) Plan breached their legal duty to plan participants because of the way t...
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