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  • 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...
  • Assisted Living Operator to Settle Wage and Hour Lawsuit for $9.5 Million
    Oct-18-22 Sacramento, CA  Frontier Management LLC will pay $9.5 million to settle a California labor lawsuit brought by roughly 1,000 workers who were not paid for work required before they clocked in, after they clocked out and during meal breaks.  Wright v. Frontier Management , as originally filed, alleged nine causes of action under the federal Fai...
  • Nurse Accuses Staffing Company of Illegal Contract
    Oct-14-22 New York, NY A Filipino nurse has filed a complaint against his employer, Advanced Care Staffing LLC, which recruits foreign nurses for U.S. health care facilities. In his employment lawsuit filed in New York federal court, Benzor Shem Vidal claims that the staffing company forced him to sign an illegal, "predatory" arbitration agreement that t...
  • IBM to Settle Sales Reps Claims for $4.75M
    Sep-6-22 Santa Clara, CA IBM will pay $4.75 million to settle claims that it shortchanged about 1,500 sales representatives out of their rightful commissions, and that Big Blue had violated California Labor Code, according to a preliminary approval motion filed August 23rd in federal court.  Plaintiffs also claim the global technology company--which sells...
  • Working from Home Expenses Covered—or not-- in California
    Sep-3-22 Santa Clara, CA A number of California employers are facing class actions or actions under the Private Attorneys General Act filed by employees seeking reimbursement for expenses incurred while working from home during the pandemic. Even though the California Labor Code states what can and cannot be claimed, it has been written in a way that leaves room...
  • Marine with Ulcerative Colitis Files Camp Lejeune Water Contamination Lawsuit
    Aug-30-22 Camp Lejeune, NC A former marine stationed at Camp Lejeune was diagnosed with ulcerative colitis, which he claims was directly caused by PFAS contamination in the water he drank and bathed in from 1985 to 1987. Joseph Harper’s AFFF complaint (PDF) was filed in the U.S. District Court for the District of South Carolina on July 6, which joi...
  • U.S. v. Academy Mortgage Corp., Episode Too-Many-to-Count, “The Whistleblower Strikes Back”
    Aug-28-22 San Francisco, CA There’s a new twist in U.S. v. Academy Mortgage Corp. , a whistleblower lawsuit brought by former underwriter, Gwen Thrower. In 2016, Thrower filed a claim under the False Claims Act (FCA), asserting that Academy Mortgage was making mortgage loans that did not meet established Federal Housing Authority (FHA) credit requirements. T...
  • Poultry Processers to Pay $85m for Alleged Wage-Fixing
    Aug-23-22 Santa Clara, CA Three poultry processors and a consulting firm have agreed to pay $85 million to plant workers who were affected by an alleged wage-fixing scheme, the Department of Justice (DoJ) announced. Cargill, Wayne Farms and Sanderson Farms (now Wayne-Sanderson Farms) were accused by the DOJ of suppressing worker pay at the plants and using decepti...
  • Emergency Departments Still Overcharging Patients, Lawsuit Filed
    Aug-18-22 Nashville, TN There was a flurry of reports and studies about five years ago that found routine price gouging in emergency rooms nationwide, and it was worse for the most vulnerable populations – poor and minority patients. It appears that, no matter how advanced medical technology gets, many emergency room patients are left in the dark, and left wit...
  • 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...
  • 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...
  • 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. ...
  • Water Contamination Lawsuit News and Legal Information
    Alarmingly, water contamination is increasing, causing harm to thousands and thousands of people and the environment. Environmental laws are in place to protect us and environmental law policy prohibits the dumping of toxic waste or other hazardous materials in our lakes, rivers, streams, and public land. But new chemicals used in fracking by natura...
  • 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...
  • Covid Long-Haulers and Denied Disability
    Jun-24-22 Santa Clara, CA If you are a COVID 19 long-hauler and your disability claim has been denied, don’t give up – don’t accept excuses from your insurer. The medical and legal community, state and federal governments (including the CDC) and a recent global survey recognize Long COVID as a disability and insurers will increasingly find it dif...
  • Biden Administration and U.S. Solicitor General side with Airline Employee Rest and Meal breaks
    Jun-6-22 Santa Clara, CA The Ninth Circuit decision ordering Virgin America to follow  California’s meal and rest break law stands, and it’s backed by the Biden Administration. The U.S. solicitor general told the U.S. Supreme Court that federal regulations don't preempt the Golden State’s law. For the past several months Virgin Americ...
  • ERISA Lawsuit Alleges that ESOP Fiduciaries Cheated Participants
    May-31-22 Chicago, IL Participants in the West Monroe Partners Employee Stock Ownership Plan (ESOP) filed a class action ERISA lawsuit  claiming that the ESOP’s fiduciaries and the Trustee shortchanged them of the value of the company’s stock when West Monroe sold half the company to an outside investor. At its most elemental, the scheme described i...
  • Matco Tools Settles California Misclassification Lawsuit for $15.8 Million
    May-31-22 San Francisco, CA On April 29, the Northern District of California granted final approval to a $15.8 million settlement in a class action California labor lawsuit  brought by 273 franchisees who claimed that Matco Tools classified them as independent contractors to avoid paying overtime, reimbursing expenses and providing accurate wage statements. Th...
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