California Office Manager Need Not Arbitrate PAGA ClaimSanta Ana, CA On October 26, California's Fourth District appellate court ruled that Enedina Aguirre does not have to arbitrate a claim she made against Prudential Overall Supply under the California Private Attorneys General Act. The California labor lawsuit affirms, once more, that the mandatory arbitration agreements, which many employees must sign as part of their routine onboarding process, do not prevent them from filing PAGA claims that may subject employers to stiff penalties.
Chipotle Workers Argue Against Supreme Court Review of Wage and Hour LawsuitWashington, DC On November 2, a group of Chipotle Apprentices (entry-level managers) filed a petition with the U.S. Supreme Court asking that their wage & hour lawsuit not be reviewed. Their lawsuit, originally brought in New York as
Scott v. Chipotle Mexican Grill, Inc., seeks overtime pay for workers who were misclassified as managers and thus not protected by wage and hour laws.
Hearing Examinations to Begin in 3M Combat Arms Defective Earplugs LawsuitsPensacola, FL On October 20, the District Court for the Northern District of Florida issued a pre-trial order setting the requirements for the medical examinations of five service members who allege that they suffered hearing loss because of the 3M defective earplugs that were standard military issue from 2003 to 2015. The Order sets out a schedule, defines the scope of permitted testing and permits a non-lawyer representative of plaintiffs’ counsel, such as a paralegal or a law firm staff person, to attend.
Is Dynamex Ruling Retroactive?Santa Clara, CA Just as the polls closed on Proposition 22—a ruling that allows companies to hire app-based drivers as independent contractors instead of employees—the California Supreme Court heard arguments in
Vazquez v. Jan-Pro Franchising Int’l, Inc. At issue is the
Dynamex ruling and whether it should be retroactive to worker misclassification lawsuits filed before it was decided.
Navy Federal to Settle Overdraft Fees Lawsuit for $16 MillionAlexandria, VA The Eastern District of Virginia appears poised to approve a proposed settlement in a class action bank overdraft fees lawsuit originally filed against Navy Federal Credit Union in 2019. Under the terms of the proposed settlement, checking account customers at Navy Federal who were overcharged will have a common fund of $16 million to divide among themselves. The settlement is notable because class members need not file claims to receive compensation. The settlement fund will be automatically allocated among them according to a distribution plan set out in the agreement.
Third Circuit Revives Oil Workers’ Donning and Doffing LawsuitPhiladelphia, PA On October 26, the Third Circuit Court of Appeals revived a wage & hour lawsuit originally filed by oil rig workers in 2011. At its heart,
Tyger v. Precision Drilling Corp. is a “donning and doffing” lawsuit. Rodney Tyger, Shawn Wadsworth and approximately 1,000 other rig hands seek to recover unpaid overtime, allegedly due under the provisions of the Fair Labor Standards Act (FLSA). It’s not over yet; the Third Circuit remanded the lawsuit back to the District Court for further proceedings.
More Injectafer Lawsuits Alleging Hypophosphatemia – a Serious Health RiskConshohocken, PA Another Injectafer lawsuit filed in October 2020 joins numerous others filed since 2019, all claiming Vifor Pharma, Ltd., Daiichi Sankyo and its subsidiaries Luitpold Pharmaceuticals and American Regent failed to warn users about the risk of hypophosphatemia—a severe side effect whereby low phosphorous levels are caused by the multiple Injectafer injections.
Hernia Mesh Lawsuits Tangled in DelaysConcord, MA Hernia mesh lawsuits filed against three medical device manufacturers have been delayed mainly because of the coronavirus pandemic, and bellwether trials have been delayed a few times already. Nearly 15,000 hernia mesh claims pending in the federal court system have been consolidated in three multi-district litigations (MDLs).
