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  • Philips CPAP Machines – More Wrongful Death Lawsuits?
    May-27-22 Santa Clara, CA With the FDA suspecting 124 deaths from recalled CPAP sleep apnea machines , more wrongful death lawsuits could be filed against Philips Respironics. Since Philips recalled millions of its CPAP, BiPAP and mechanical ventilators, the FDA has received more than 21,000 adverse health reports connected with the machines’ toxic foam. He...
  • The Whistleblower and H&M Unused Gift Cards - $36 Million Settlement
    May-23-22 New York, NY A whistleblower is getting a big payout after he filed a lawsuit under the New York False Claims Act, accusing H&M of keeping millions of dollars in unused funds from its gift cards. Rather than transferring unredeemed gift card balances to the Abandoned Property Fund as the law stipulates, H&M lied about an out-of-state company hand...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • Mark Zuckerberg and wife Granted Arbitration in Unpaid Wages and Discrimination Claims
    Apr-20-22 San Francisco, CA Contracts signed by the former security operations assistant and household operations manager of Facebook founder Mark Zuckerberg and wife Priscilla Chan contained clear arbitration clauses, according to San Francisco Superior Court Judge Richard Ulmer. The decision involves lawsuits filed by two former household workers who allege sexual...
  • Failure to Reimburse Remote Work Expenses Lawsuits
    Mar-10-22 Santa Clara, CA Many employees have worked remotely since the beginning of the pandemic and they have incurred business-related costs that can be reimbursed, according to California labor law . Failure to reimburse such costs have already resulted in remote work expenses lawsuits. Tally business expenses incurred over three years (many employees have b...
  • Bayer Done with Roundup Settlements
    Feb-25-22 Santa Clara, CA It all boils down to federal regulators. Bayer has asked for a petition for a writ of certiorari with the U.S. Supreme Court and the Supreme Court has asked the Solicitor General to weigh in. A favorable decision for Bayer means it could be exempt from Monsanto’s Roundup lawsuits based on federal regulators' approval of its glyp...
  • ERISA Lawsuit Nets Nearly $9.4 Million for Plan Participants
    Feb-10-22 St. Paul, MN The U.S. Department of Labor has announced an agreement to settle Walsh v. Reliance Trust Co. that will restore nearly $9.4 million to participants in the Kurt Manufacturing Company Employee Stock Ownership Plan (ESOP). The ERISA lawsuit alleged that plan fiduciaries caused the ESOP to buy all the outstanding company stock for nearly $10...
  • Asistencia Legal por Suturas Panacryl
    Las suturas Panacryl son un tipo de sutura o puntos absorbibles que se usan comúnmente para ayudar a la cicatrización de las heridas post-quirúrgicas. Estas suturas están diseñadas para ser absorbidas por el organismo de modo que no sea necesario quitarlas en el futuro. Lamentablemente, las suturas Panacryl pueden haber sid...
  • Parche Ortho Evra - Coágulos en Sangre, Accidentes Cerebrovasculares e Infartos
    Actualmente, se investiga un juicio fundado en una acción colectiva por fraude al consumidor contra Ortho-McNeil Pharmaceutical, Inc., fabricantes del parche anticonceptivo Ortho Evra. Esta investigación pretende determinar si Ortho-McNeil omitió revelar que los efectos secundarios y riesgos de coágulos, accidentes cerebrovascualr...
  • Flowers Foods Leaves Bad Taste for Distributor Drivers
    Dec-30-21 Santa Clara, CA A California federal judge ruled that Flowers Foods Inc. misclassified its distributor drivers as independent contractors and drivers can go ahead with overtime claims against the second-largest commercial bakery in the US (whose brands include Wonder Bread, Tastykake, Sunbeam, and Nature’s Own). It has a track record of misclassifi...
  • Infant Formula From China May be Contaminated Melamine
    FDA Warns Public Not to Use Formula From China Reports of a contaminated milk-based infant formula manufactured in China have prompted the FDA to issue a warning to the general public not to use infant formula manufactured in China. It should be replaced with an appropriate infant formula manufactured in the United States. There is no known threat of cont...
  • Tesla Stock Lawsuits Legal News and Lawsuit Information
    On August 8, 2018, Elon Musk, high flying CEO of Tesla, Inc. tweeted to the world that he was considering taking Tesla private at $420 per share. He said he had the money. The price of the stock skyrocketed, trading was temporarily suspended and the SEC launched an investigation into potential price manipulation. The financing later appeared to have depe...
  • Supreme Court Asks Solicitor General for Brief in California Trucking Lawsuit
    Dec-20-21 Pasedena, CA On November 15, the U.S. Supreme Court asked Solicitor General Elizabeth Prelogar to articulate the position of the federal government with respect to California Trucking Association v. Rob Bonta . The Ninth Circuit decision requires California motor freight carriers to treat drivers as employees, rather than independent contractors. A deci...
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