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September 8, 2024
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Tesla’s Bid to Dismiss PAGA Lawsuit Gets Anti-SLAPPed Down
Tesla’s Bid to Dismiss PAGA Lawsuit Gets Anti-SLAPPed Down
Oakland, CA On August 8, the California Court of Appeal denied Tesla’s motion to dismiss a Private Attorneys General Act (PAGA) lawsuit brought by former Tesla employees. At its simplest, Sharonda Taylor v. Tesla, Inc. is about the workers’ struggle to access their own wage and hour records.

California Public Employees Lose Rest and Meal Break Rights
California Public Employees Lose Rest and Meal Break Rights
San Francisco, CA On August 15, 2024, the Supreme Court of California in Stone v. Alameda Health Systems held that:

Wells Fargo Settles Disability Discrimination Suit for 22.1 million
Wells Fargo Settles Disability Discrimination Suit for 22.1 million
Charlotte, NC A former Wells Fargo Securities supervisor was awarded $22.1 million by a federal court jury in Charlotte last month. Christopher Billesdon’s disability and age discrimination lawsuit accused the San Francisco-based bank of violating the Americans with Disabilities Act and wrongful discharge under North Carolina state law.

Veterans Die of Neglect in Nursing Homes
Veterans Die of Neglect in Nursing Homes
Northampton, MA In March, Bennett Walsh, the former superintendent of the Holyoke Soldiers’ Home, and its former medical director, Dr. David Clinton resolved criminal neglect charges against them. The veterans medical malpractice charges stemmed from the deaths of 76 veterans at the state-run facility during the early days of the Covid-19 pandemic. Neither leader pleaded guilty; they did, however, acknowledge that there were sufficient facts to warrant a guilty finding.

 

California Truck Drivers Misclassification Settlement
California Truck Drivers Misclassification Settlement
Los Angeles, CA A class action California labor lawsuit alleging STG Logistics and STG Drayage misclassified truck drivers as independent contractors has settled for a $4.2 million. As part of the deal, STG will no longer classify its long-haul drivers as independent contractors in California and New Jersey. And this isn’t STG’s first court appearance.

Phasing Out PFAS in Firefighter Gear
Phasing Out PFAS in Firefighter Gear
Boston, MA As of January 2025, manufacturers and retailers of personal protective equipment containing poly- and perfluoroalkyl (PFAS) chemicals, known as “forever chemicals”, must give the purchaser written notice that it contains the chemicals, along with a reason why they are being used in the product. And by 2027, sellers and manufacturers of firefighters’ personal protective equipment will no longer be allowed to knowingly sell gear that contains “intentionally-added PFAS.” 

Hair Relaxers Containing Formaldehyde and other Carcinogenic Chemicals Still on U.S. Shelves
Hair Relaxers Containing Formaldehyde and other Carcinogenic Chemicals Still on U.S. Shelves
Santa Clara, CA Despite studies over the past decade determining that formaldehyde and other toxic chemicals in hair relaxers are linked to reproductive-health disorders, and despite consumers concerns since the late 2000s, and advocacy groups petitioning the FDA since at least 2011 to ban hair products with formaldehyde, the agency still hasn’t banned the carcinogenic products. Health experts keep asking the FDA why it missed its own deadline, with the answer that it takes time. But during that time, how many more Black women will be diagnosed with uterine fibroids, preterm birth and infertility, or breast, ovarian and uterine cancer?

State AGs Nail $86 Million Suboxone Settlement
State AGs Nail $86 Million Suboxone Settlement
New York, NY On July 26, New York Attorney General, Letitia James announced that Suboxone manufacturer Indivior had agreed in principle to pay $86 million to settle Suboxone lawsuits brought by the attorneys general of New York, Illinois, Tennessee, Utah and Virginia. The settlement was reached in coordination with 11 other states. Their dangerous drug lawsuits alleged that Indivior produced and then marketed buprenorphine-based products to dangerous prescribers who, under the guise of “medical treatment,” triggered further harm.

Red Lobster Workers Seeing Red
Red Lobster Workers Seeing Red
Baltimore, MD A Red Lobster employee has filed a proposed wage and hour class action in federal court accusing the seafood chain of violating the Fair Labor Standards Act (FLSA) and Maryland Wage and Hour Law. The plaintiff claims the company has not been paying its tipped employees all their wages owed. Rather, workers are paid less than minimum wage with the expectation that tips will make up the difference.

Mandalorian Actress Beats Back Disney Bid to Toss Wage Lawsuit
Mandalorian Actress Beats Back Disney Bid to Toss Wage Lawsuit
Los Angeles, CA On July 24, the District Court for the Central District of California denied The Walt Disney Company’s motion to dismiss actress Gina Carano’s wrongful termination and sex discrimination lawsuit. Carano’s California employment lawsuit alleged that Disney had violated California law by firing her in retaliation for various social media posts that the company found objectionable. Gina Carano v. The Walt Disney Company will now, presumably, move toward trial. For legal nerds, the lawsuit raises some interesting issues about balancing the employers’ and employees’ First Amendment freedom of speech rights.

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