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.
January 13, 2021.
Read [ Olson v. Becerra Challenges AB 5 Constitutionality Again ]
Los Angeles, CA On November 9, two individual and two company plaintiffs, including Uber and Postmates, filed a California labor lawsuit against the State of California. Olson v. Becerra challenges the constitutionality of AB 5 and related laws. In December, California filed a motion to dismiss, claiming that the Second Amended Complaint does little to remedy the flaws that led to the lawsuit’s dismissal without prejudice in September. This time California seeks to bar the lawsuit permanently.
January 10, 2021.
Read [ Some California Drivers May Lose Their Right to Pursue Wage Lawsuits against Uber ]
San Francisco, CA On December 22, the U.S. District Court for the Northern District of California heard arguments in James v. Uber Technologies Inc., a class action California labor lawsuit. Judge Edward Chen appeared to focus particularly on whether the facts of the case would support the inclusion of drivers who also have other jobs in the class seeking certification.
January 8, 2021.
Read [ SAG-AFTRA Health Plan Dumps Oldest Participants ]
Los Angeles, CA On December 1, 91-year-old actor Ed Asner and nine other participants in the Screen Actors Guild-Producers Health Plan filed a class action ERISA lawsuit against the SAG-AFTRA Health Fund and Trustees of the Plan. The early coverage of the lawsuit focuses on what appears to be age discrimination against veteran actors, many of whom sacrificed television residuals for pre-1960 movies to fund the health plan at its outset.
January 6, 2021.
Read [ Bank Overdraft Fees Lawsuit Stresses Lack of Consumer Sophistication, Unfair Process ]
Atlanta, GA On December 17, the U.S. Court of Appeals for the Eleventh Circuit heard oral arguments in Garcia v. Wachovia Bank, one of the bank overdraft fees lawsuits, consolidated in In Re: Checking Account Overdraft Litigation. The checking accountholders are appealing a September 2019 District Court decision that denied them the chance to proceed through a class action lawsuit, forcing them to arbitrate their claims individually. That would effectively end their chance to dispute excessive overdraft fees that resulted from Wells Fargo’s and Wachovia Bank’s practice of reordering checks from high to low amounts in order to maximize profits.
January 4, 2021.
Read [ Oracle in the Hot Seat over Gender Pay Discrimination (Again) ]
San Mateo, CA On December 18, the California Superior Court refused to dismiss a Complaint alleging that Oracle America, Inc. systematically paid women less than men for comparable work. The California labor lawsuit, describes a pattern all-too-familiar from other gender discrimination lawsuits against Silicon Valley tech giants, including Google, Uber and HP as well as Oracle.
December 28, 2020.
Read [ Nurse Recruiters Fight for Meal Break Pay ]
San Francisco, CA On December 1, the California Supreme Court heard arguments by nurse recruiters seeking to revive a California labor lawsuit against AMN Services LLC. The lawsuit, originally filed in 2014, arose from the way the company’s time-rounding software had tracked employees’ required meal breaks.
December 18, 2020.
Read [ Fourth Circuit Says “No” to Counting Commissions for Minimum Wage ]
Richmond, VA On November 24, the Fourth Circuit gave new life to a Fair Labor Standards Act (FLSA) lawsuit brought by restaurant workers who accused their employer of violating the FLSA’s minimum wage and overtime requirements by mis-classifying gratuities and permitting ineligible employees to share in the tip pool. Wai Tom v. Hospitality Ventures LLC wades into a dense thicket of questions surrounding how the FLSA protects tipped workers.
December 14, 2020.
Read [ “Abysmal” or “Too Conservative”? Supermarket ERISA Lawsuit to Settle for $17.5 Million ]
Boston, MA Toomey v. DeMoulas Super Markets, Inc., a class action ERISA lawsuit filed in the Massachusetts District Court in 2019, will settle for $17.5 million and prospective changes to the plan’s investment strategy, pending the court’s final approval in April 2021. While ERISA industry advisors have characterized the DeMoulas (Restated) Profit Sharing Plan and Trust’s investment management style as “too conservative,” the Complaint is far more brutal. It describes the performance of the investment fund as “abysmal.”
December 11, 2020.
Read [ Rothenberg Ventures Management Employees Sue for Back Wages ]
San Francisco, CA In 2016, Katie Fanelli filed a lawsuit in the Superior Court of California for the County of San Francisco alleging that her employer, Rothenberg Ventures Management Co., violated California state labor law by failing to pay workers overtime and stiffing them of their final paychecks when the company laid them off. As of November, the court seemed inclined to permit the lawsuit to proceed as a class action, covering all former employees between 2012 and 2016 who had claims of less than $75,000. It is, realistically, the only way that individuals with relatively small wage claims can seek relief under California employee labor law.
December 8, 2020.
Read [ What to Expect in Zantac Cancer Lawsuits for 2021 and Beyond ]
West Palm Beach, FL As 2020 draws to a close, the toll of death and injury from Zantac-related cancers continues to rise, as do the number of Zantac cancer lawsuits. Meanwhile, In Re: Zantac (Ranitidine) Products Liability Litigation, the multidistrict litigation into which many of the individual lawsuits have been consolidated, grinds on without much apparent news.
- Walmart Howls at California Labor Law Fines (Dec-3-20)
- Allergan Refuses to Pay for Surgery to Remove Breast Implants Linked to Cancer (Dec-1-20)
- California Court Approves Taylor Farms Wage and Hour Settlement (Nov-25-20)
- California Office Manager Need Not Arbitrate PAGA Claim (Nov-24-20)
- Chipotle Workers Argue Against Supreme Court Review of Wage and Hour Lawsuit (Nov-23-20)
- Hearing Examinations to Begin in 3M Combat Arms Defective Earplugs Lawsuits (Nov-19-20)
- Navy Federal to Settle Overdraft Fees Lawsuit for $16 Million (Nov-17-20)
- Third Circuit Revives Oil Workers’ Donning and Doffing Lawsuit (Nov-16-20)
- Lubbock National Bank to Settle ERISA Lawsuit for $2 Million (Nov-5-20)
- Hewlett Packard Settles Gender Discrimination Wage Complaint (Nov-4-20)
- California Court Okays Chipotle Wage Lawsuit Deal (Oct-29-20)
- Court Greenlights Class Action Status for Home Depot 401k ERISA Lawsuit (Oct-22-20)
- Google Worker Secrecy Agreements to face California Labor Lawsuit (Oct-19-20)
- OSF Church Plan Participants Settle for “ERISA Lite” (Oct-11-20)
- It’s “Your Money or Your Life” for Senior Workers (Oct-2-20)
- Textured Breast Implants from Six More Manufacturers Linked to BIA-ALCL (Oct-1-20)
- ETHICON SURGICAL STAPLERS RECALLED AFTER REPORTS OF SERIOUS MEDICAL HARM (Sep-25-20)
- California Refinery Workers Clinch $4.4 Settlement in Rest Break Lawsuit (Sep-24-20)
- ERISA Lawsuit Targets ESOP Scam (Sep-21-20)
- Are Employers’ Facebook Recruiting Practices Exempt from Age Discrimination Laws? (Sep-16-20)
- FDA Update on BIA-ALCL Finds More Cases, More Deaths (Sep-15-20)
- Two Circuit Courts to Decide whether Drivers-for-Hire Can Get their Day in Court (Sep-13-20)
- Biogen ERISA Lawsuit Slams 401k Fiduciaries for Poor Investments, High Costs (Sep-10-20)
- Amazon Last Mile Delivery Workers Get Right to Sue under California Labor Law (Sep-8-20)
- Zantac Cancer Lawsuit Accuses Pharmaceutical Giants of Racketeering (Sep-2-20)
- New Zantac Lawsuit: Poison Pills Killed Carl Glasper (Aug-19-20)
- USB Checking Accountholders to get their Day in Court (Aug-17-20)
- New Lawsuits Describe Serious Paragard IUD Complications (Aug-14-20)
- Supreme Court Blocks Teachers from Suing Church Schools for Job Discrimination (Aug-14-20)
- July 1 Minimum Wage Rates Affect Other California Prevailing Wage Rules (Aug-12-20)
- 3 Lessons for Plaintiffs in 401k Fiduciary Mismanagement Lawsuits (Aug-10-20)
- Can California Employers Make Overtime Mandatory? (Aug-7-20)
- Deadly Secrets – Did Allergan Hide Breast Implant Side Effects? (Aug-3-20)
- California Excessive Bank Overdraft Fee Lawsuit Gets Second Wind (Jul-29-20)
- PAGA Claims Survive Dismissal of California Labor Code Violations (Jul-20-20)
- Meat Packing Giant JBS Souderton under Fire for Covid-19 Death (Jul-16-20)
- California Supreme Court Clarifies Reach of California Labor Code (Jul-13-20)
- New Jersey Allergan Biocell Textured Breast Implant Lawsuits Consolidated in New Jersey Superior Court (Jul-10-20)
- TD Bank Hit with Excessive Bank Overdraft Fees Lawsuit (Jul-9-20)
- California Court Rejects Dignity Health Settlement Again (Jul-8-20)