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.
October 18, 2021.
Read [ Delta Airlines asks Supreme Court to review California Wage Protections for Airline Workers ]
Washington, DC On September 9, Delta Airlines, Inc. asked the U.S. Supreme Court to review decisions by the Ninth Circuit and preceding lower courts in Oman v. Delta Airlines, Inc. The Oman decisions recognize the generous protections of the California Labor Code for airline employees based in California.
October 10, 2021.
Read [ A Loss and a Win (Sort of) for GrubHub Drivers ]
San Francisco, CA On September 20, the Ninth Circuit partially dismissed, partially upheld and remanded back to the District Court a GrubHub driver’s claim that he was owed back wages and other remedies under the California Labor Code and related wage orders. Raef Lawson v. Grubhub is a complicated decision, but there is some positive news for gig workers who allege that they were misclassified as independent contractors.
October 8, 2021.
Read [ Smokers Claim They Were Overcharged for Health Insurance Premiums ]
Kansas City, MO On September 24 in Lipari-Williams v. Missouri Gaming Co., the District Court for the Western District of Missouri put off a decision about whether to grant class action certification to a group of casino workers who allege that they were overcharged for their health coverage based on their tobacco use. Their wage and benefit plan lawsuit alleges that the premium surcharge assessed under Argosy Riverside Casino’s insurance plan did not meet the requirements of the Affordable Care Act (ACA). The court granted certification to workers who brought wage claims under the Fair Labor Standards Act and Missouri state law but held off on the ERISA claims.
October 4, 2021.
Read [ $95.7 Wells Fargo Settlement Offer in Question as Objector Raises New Issues ]
San Jose, CA On September 23, the U.S. District Court for the Northern District of California heard objections to a $95.7 million offer made by Wells Fargo to settle consolidated class action lawsuits brought by Wells Fargo Home Mortgage Consultants (HMCs). The lawsuits allege that the bank violated California state labor laws by failing to either provide or pay for rest breaks for its HMCs.
October 1, 2021.
Read [ Ohio Cannabis Workers Sue for Unpaid Wages ]
Cleveland, OH On September 14, the Northern District of Ohio granted conditional certification to a group of hemp workers in Tenita Bryant v. North Coast Natural Solutions, LLC. The employees may now move one step farther along in their pursuit of unpaid wages claims against a collection of related hemp enterprises that did business as AgeVital Pharmacy. Their lawsuit alleges violations of both the federal Fair Labor Standards Ace (FLSA) and the Ohio Minimum Fair Wage Standards Act (OMFWSA).
September 23, 2021.
Read [ Jury Hands Bard Quick Win in First Surgical Mesh MDL Lawsuit ]
Columbus, OH It took the jury only hours to come back with a resounding victory for C.R. Bard in first bellwether surgical mesh lawsuit in the Multidistrict Litigation consolidated in the Southern District of Ohio. On September 8, the jury in Johns v. C.R. Bard, et al found in the defendants’ favor on all of Steven Johns' claims against them. No damages were awarded to Johns.
September 20, 2021.
Read [ Arsenic Poisoning at Montana Super Fund Site ]
Butte, MT U.S. Minerals, Inc. has agreed to plead guilty to a federal misdemeanor charge under the Clean Air Act (CAA) and to pay a criminal penalty of $393,200. The mining company has also agreed to a medical monitoring program for current and former employees who have been exposed to elevated levels of arsenic. Employees who take advantage of the medical monitoring program will not forfeit their right to pursue civil lawsuits, including unpaid wages claims, as the facts dictate. In addition, U.S. Minerals has also offered to settle a civil lawsuit brought by the Occupational Safety and Health Administration (OSHA) for $106,800.
September 17, 2021.
Read [ “Quit or Die, N----r,” Read the Note ]
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 Housing Act (FEHA), the Ralph Civil Rights Act, and the Tom Bane Civil Rights Act.
September 8, 2021.
Read [ NLRB Hears Complaints of Workers Fired, Disciplined for Protesting Google’s Anti-Immigrant Work ]
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 refrain from such activity – rights in addition to those covered by California labor law.
September 6, 2021.
Read [ Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings ]
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 to represent more than 23,500 current and former participants.
- CVS to Settle California Labor Lawsuit for $10.4 Million (Aug-31-21)
- New Roundup MDL Claimants Must Participate in Settlement Process (Aug-29-21)
- Louisiana Paraquat Distributor files Toxic Tort Lawsuit against Syngenta (Aug-27-21)
- Zantac Bellwether Trials Likely in 2023 (Aug-25-21)
- YUM! Brands Recruiter Files ERISA Lawsuit over Misclassification (Aug-16-21)
- Drivers’ PAGA Claims Survive Postmates’ Arbitration Challenge (Aug-13-21)
- Washington Football Team to Pay $10 Million Plus Legal Fees to End Sexual Harassment Claims (Aug-12-21)
- Minor League Baseball Players Sue for Unpaid California Wages (Aug-9-21)
- ABM Industries to Settle Janitors’ Wage Lawsuits for $140 Million (Jul-30-21)
- Creeping Data Collection at Family Dollar, Dollar Tree (Jul-23-21)
- ERISA Lawsuit Alleges DuPont Underpaid Retirees (Jul-21-21)
- Magistrate Recommends Certification of Some Classes in Amazon Wage Lawsuit (Jul-15-21)
- Pilgrim’s Pride Settles Out of “Wage-Fixing” Lawsuit (Jul-12-21)
- Jander ERISA Lawsuit Settles, but Leaves Questions (Jul-9-21)
- Entry-Level Manager Sues Amazon for Misclassification (Jul-6-21)
- Syngenta Sues Insurers to Mount Defense, Pay Excess Claims (Jun-30-21)
- Ninth Circuit Reverses $102 Million Wage Penalty against Walmart (Jun-24-21)
- Air Force Veteran Files Kidney Cancer Lawsuit Citing Firefighting Foam (Jun-22-21)
- Goodbye to Glyphosate? (Jun-18-21)
- Nike to Settle Bag Check Lawsuit for $8.25 Million (Jun-16-21)
- Participants Sue Bronson Healthcare Plan over Inclusion of Fidelity Freedom Fund (Jun-14-21)
- Ecolab to Settle Overtime Lawsuit for $2.55 Million (Jun-11-21)
- California Supreme Court to Rule on Rest and Meal Premium Payments (Jun-8-21)
- New York Insurance Bill Addresses Bad Faith Insurance Practices (May-26-21)
- California Lawsuit: Paraquat Caused Parkinson’s disease (May-25-21)
- One Fair Wage Slams Darden Restaurants’ Wage Practices (May-24-21)
- Zantac Breast Cancer Lawsuit (May-20-21)
- ERISA Lawsuit against the University of Miami Cites Excessive Fees (May-17-21)
- Cannabis Unpaid Wages Lawsuit Pushes Policy (May-13-21)
- KImberly-Clark 401k ERISA lawsuit Alleges Excessive Costs (May-10-21)
- Drillers’ Unpaid Wage Claim Gets Conditional Class Certification (May-6-21)
- National Black Farmers Association Joins Monsanto MDL (Apr-27-21)
- Production Worker Sues Sporting Goods Retailer for Overtime, COVID-19 Testing (Apr-26-21)
- Ninth Circuit Asked to Require Hotel to Rehire Workers with Back Pay and Damages (Apr-20-21)
- Walgreens Poised to Settle Pharmacy Tech Wage Lawsuit for $3.3 Million (Apr-15-21)
- Did Detroit Edison Mislead Retirees about Benefits? (Apr-13-21)
- Credit Union of New Jersey Hit with Excessive Overdraft Fees Lawsuit (Apr-6-21)
- Insurer May Renew Defense in Tangled ESOP Lawsuit (Apr-2-21)
- Insufficient Funds Charges Threaten Small-Balance Accountholders (Mar-31-21)
- City of LaCrosse sues 3M Company over PFAS Water Contamination (Mar-30-21)