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LAWSUITS NEWS & LEGAL INFORMATION

Anne Wallace

Anne WallaceAnne 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.


Delta Airlines asks Supreme Court to review California Wage Protections for Airline Workers

October 18, 2021.
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.
Read [ Delta Airlines asks Supreme Court to review California Wage Protections for Airline Workers ]

A Loss and a Win (Sort of) for GrubHub Drivers

October 10, 2021.
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.
Read [ A Loss and a Win (Sort of) for GrubHub Drivers ]

Smokers Claim They Were Overcharged for Health Insurance Premiums

October 8, 2021.
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.

Read [ Smokers Claim They Were Overcharged for Health Insurance Premiums ]

$95.7 Wells Fargo Settlement Offer in Question as Objector Raises New Issues

October 4, 2021.
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.
Read [ $95.7 Wells Fargo Settlement Offer in Question as Objector Raises New Issues ]

Ohio Cannabis Workers Sue for Unpaid Wages

October 1, 2021.
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).
Read [ Ohio Cannabis Workers Sue for Unpaid Wages ]

Jury Hands Bard Quick Win in First Surgical Mesh MDL Lawsuit

September 23, 2021.
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.
Read [ Jury Hands Bard Quick Win in First Surgical Mesh MDL Lawsuit ]

Arsenic Poisoning at Montana Super Fund Site

September 20, 2021.
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.

Read [ Arsenic Poisoning at Montana Super Fund Site ]

“Quit or Die, N----r,” Read the Note

September 17, 2021.
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.
Read [ “Quit or Die, N----r,” Read the Note ]

NLRB Hears Complaints of Workers Fired, Disciplined for Protesting Google’s Anti-Immigrant Work

September 8, 2021.
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.
Read [ NLRB Hears Complaints of Workers Fired, Disciplined for Protesting Google’s Anti-Immigrant Work ]

Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings

September 6, 2021.
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.
Read [ Participants Sue $1.52 Billion Baptist Health South Plan for Wasting Retirement Savings ]

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