LAWSUITS NEWS & LEGAL INFORMATION
Anne Wallace is a New York lawyer, currently living in the metropolitan Washington, DC area. She writes on legal and business issues and teaches at the college and professional level. Anne graduated from Fordham Law School and Wellesley College.
May 25, 2020.
Read [ California McDonald’s Workers Cite COVID-19 Safety Issues ]
Los Angeles, CA McDonald’s workers filed complaints under the Private Attorney Generals Act (PAGA) claiming that the California Division of Occupational Health and Safety’s failure to address COVID-19 workplace safety issues has put workers in “imminent danger.” McDonald’s now has less than a month to correct violations of the California Labor Code. Thereafter, either the state or workers can sue the fast-food giant.
May 22, 2020.
Read [ Mandatory Arbitration Amendments Thwart Excessive Overdraft Fee Lawsuits ]
Washington, DC Even with a promising bank overdraft fees lawsuit, checking account consumers can find themselves suddenly, unexpectedly blocked by an obligation to arbitrate disputes with a bank or credit union. Consumers are often not even aware that they have signed these agreements. Under recent U.S. Supreme Court rulings, that can be the end of a class action lawsuit.
May 15, 2020.
Read [ California Sues Uber and Lyft ]
San Francisco, CA On May 5, Attorney General Xavier Becerra filed a lawsuit on behalf of the State of California alleging that Uber and Lyft have misclassified on-demand drivers as independent contractors in violation of the California Labor Code, Wage Orders and Unemployment Compensation laws.
May 6, 2020.
Read [ Putnam Investments to Settle 401k Self-Dealing Lawsuit for $12.5 Million ]
Boston, MA Participants in the Putnam Retirement Plan have agreed to settle their ERISA lawsuit against Putnam Investments and other Plan fiduciaries for $12.5 million and certain prospective changes in plan administration. Following close on the heels of the U.S. Supreme Court’s decision not to review the lower court’s determination, the settlement leaves open two important questions that arise in countless 401k mismanagement lawsuits. But by keeping these issues alive, the end of Brotherston v. Putnam Investments represents a qualified victory for 401k plan participants.
May 4, 2020.
Read [ California Suspends Worker Layoff Notifications. Did Velodyne Take Advantage? ]
San Jose, CA Siers v. Velodyne Lidar is a class action lawsuit brought under the provisions of the federal Worker Adjustment and Retraining Notification Act (WARN) and provisions of California labor law that afford employees similar protection against sudden and precipitous layoff. According to Benjamin Siers, Velodyne terminated a third of its workforce with just one day’s notice, citing the COVID-19 pandemic. In the context of Velodyne’s other business activities, however, that reason appears to have been a pretext – a very convenient pretext that relieved Velodyne of time and attendant costs it would otherwise have incurred as it moved production facilities overseas.
May 1, 2020.
Read [ Employment Discrimination based on Perceived Sexual Orientation ]
New York, NY Vincent White, a partner at White, Hilferty and Albanese, spoke recently with LAS about the thorny problem of employment discrimination based on an employer’s perception (or misperception) of an employee’s sexual orientation. The hardest problem, according to White, is that the discriminatory comment or action often happens behind closed doors, with no witnesses. “It’s an elevator situation,” said White. “The doors close; the offense happens; and the doors open with no one the wiser, except the employer and a very shocked employee.”
April 27, 2020.
Read [ Can California Employers Pay Workers with Reloadable Debit Cards? ]
Riverside County, CA Janelly Sandoval filed a class action lawsuit against Home Depot in Riverside Superior Court on January 31,2020. The lawsuit, which has since been removed to the District Court for the Central District of California, claims that Home Depot violated Sections 201 through 203 of the California Labor Code by paying her final wages by means of a pay card. Between 2017 and 2020, it was allegedly the company’s usual practice to pay workers’ final pay by debit card, regardless of whether they were usually paid by check or through direct deposit.
April 23, 2020.
Read [ Wells Fargo Fake Account Scandal Grinds On ]
Oakland, CA The Northern District of California has approved attorneys’ fees in the settlement of the latest lawsuit arising from the massive Wells Fargo fake account fraud. The scandal came to light in 2016 after account holders raised questions about mysterious bank overdraft fees that they were charged. The bank’s misconduct, however, may date back at least as far as 2002.
April 22, 2020.
Read [ JPMorgan Chase to Settle 401k Self-Dealing Lawsuit ]
New York, NY JPMorgan Chase has notified the Second Circuit that it will settle a class action ERISA lawsuit affecting as many as a quarter million 401k plan participants. Details of the settlement will be available by May 22, when the motion for preliminary approval is submitted to the court.
April 13, 2020.
Read [ Uber Drivers May Have to Choose between COVID-19 Pay and Employee Status ]
San Francisco, CA The story goes something like this – if one day, you saw someone drowning in the river (and supposing that you were a strong swimmer) you would jump in to save them. But if every day, at the same spot, you encountered the same escalating situation, you would eventually walk upstream to find out what was going on. The drivers in Capriole v. Uber Technologies Inc., a Massachusetts lawsuit that is similar to cases being concurrently argued under the terms of California labor law, argue that it’s time to walk upstream to check the bridge.
- Three litigation theories of excessive bank overdraft fee lawsuits (Apr-10-20)
- Papa John’s to Settle California Wage Theft Lawsuit for $3.4 Million (Apr-3-20)
- BOEING DEFENDANTS IN STOCK DROP LAWSUIT CLAIM THEY WERE NOT FIDUCIARIES (Mar-31-20)
- Overlooked, Underpaid California Workers Face Dire Coronavirus Risk (Mar-26-20)
- Zantac Cancer Lawsuits Move to MDL Phase (Mar-20-20)
- TIAA ERISA LAWSUIT TARGETS SELF-DEALING IN LOAN ADMINISTRATION (Mar-16-20)
- First Saving Bank Hit with Excessive Overdraft Fee Lawsuit (Mar-12-20)
- PricewaterhouseCoopers to Settle Age Discrimination Lawsuit for $11.6 Million (Mar-12-20)
- $2 Million Blue Apron Settlement Tells Two Stories (Mar-9-20)
- E-Cigarette Toxic Vape Ban Less Than Meets the Eye, Critics Say (Feb-17-20)
- Judge to Uber on AB5: That Means You, Too, and Now (Feb-14-20)
- Rantidine Recalls Stoke Zantac Cancer Lawsuits (Feb-12-20)
- Supreme Court Sends IBM Stock Drop ERISA Lawsuit Back to Second Circuit (Feb-11-20)
- Strippers Settle California Labor Lawsuit for $3.65 Million (Feb-10-20)
- Bank of America Breached Customer Contracts, Charging Overdraft Fees on Non-Recurring Transactions (Feb-5-20)
- Court Permanently Halts California Ban on Mandatory Arbitration (Feb-3-20)
- Employees May Work 6 Years Longer when Employer Skims Fees off the Top of 401k Plan (Jan-22-20)
- Ninth Circuit Affirms $54.6 Wage Award for Walmart Truckers (Jan-21-20)
- E-Cigarette Lawsuit Claims Deceptive Advertising, Fraud (Jan-20-20)
- New Research: Brief Heat Exposure Increases Zantac Cancer Odds (Jan-14-20)
- U.S. Supreme Court to Hear Oral Arguments in ERISA Breach of Fiduciary Duty Lawsuit (Jan-10-20)
- Target Red Card Lawsuit Poised to Settle for $8.2 Million (Jan-6-20)
- California Uber Drivers Survive Motion to Dismiss, Lose Preliminary Injunction (Jan-2-20)
- Uber Likely to Dodge “Existential Threat” Posed by Driver Misclassification Lawsuit – Again (Dec-17-19)
- Defendant 'Grateful' for Credit Union Overdraft Fee Lawsuit (Dec-13-19)
- California Workers File Class Action Lawsuit against Cannabis Companies (Dec-10-19)
- Dignity Health ERISA Lawsuit Inches Toward $100 Million Settlement (Dec-10-19)
- Unconscionable Arbitration Agreements; Less than Candid Lawyers (Nov-26-19)
- Goldman Sachs 401k Plan Participants file ERISA Lawsuit over Self-Dealing (Nov-21-19)
- Players Challenge NCAA Pay Caps (Nov-13-19)
- Philadelphia Federal Credit Union Accused of “Gouging” Consumers with Multiple NSF Fees (Nov-11-19)
- Intel Corp. Investment Policy Committee v. Sulyma to shape ERISA fiduciary lawsuits (Nov-7-19)
- Delta Settles Overtime Lawsuit for $3.5 Million (Nov-6-19)
- Consumers Bring DoorDash Lawsuit over Stolen Tips (Nov-4-19)
- Southwest Airlines Pilots Get $18.8 Million Settlement (Oct-23-19)
- College Athletes: Fair Pay to Play Act (Oct-22-19)
- Did the Ninth Circuit Gut ERISA Enforcement in Schwab 401k Mismanagement Lawsuit? (Oct-21-19)
- United Federal Credit Union Settles Excessive Overdraft Fee Lawsuit for $1.75 Million (Oct-16-19)
- Court Rejects $1.75 Million Hertz Wage Lawsuit Settlement for the Third Time (Oct-11-19)
- Safeway 401k Plan to Settle ERISA lawsuit for $8.5 Million (Oct-9-19)