Time Spent “Booting Up” Computers may be CompensableSan Francisco, CA On October 24, 2022, the Ninth Circuit held that the time spent by call center workers booting up their computers could be considered compensable under the Fair Labor Standards Act (FLSA) and Nevada law because it was integral and indispensable to their primary duties. Although Cadenav. Customer Connexx, LLC is very fact-specific, there is no immediate indication that the decision would be different under California labor law.
3M Earplug Injury Verdict of $50M FirmPensacola, FL A Florida federal judge in October denied 3M a new trial after a jury awarded $50 million to veteran Luke Vilsmeyer. Like more than 280,000 veterans, Vilsmeyer claimed that 3M’s CAEv2 earplugs were defective and caused his tinnitus and hearing loss. The judge ruled that the trial evidence “substantially supported” the verdict.
Wells Fargo Settlement Raises Legal Fees QueriesSanta Clara, CA A Wells Fargo's $6.5 million California labor class action wage-and-hour settlement involving about 27,500 workers may be a good deal for the class reps and plaintiffs’ lawyers, but employees may be getting shortchanged – again.
Veteran Files Camp LeJeune Contaminated Water LawsuitWilmington, NC On September 13, 2022, Victor Malafronte filed a toxic tort lawsuit in the Eastern District of North Carolina. His complaint alleges that his exposure to contaminated water at Marine Corps Base Camp Lejeune from 1963 to 1967 led to stage 4 chronic kidney disease and severe chronic interstitial nephritis. His lifelong health problems have made it difficult for him maintain steady employment, and at one point, he even tried to take his own life.
The Right To Walk: Why Everyone Should Have Access to Sidewalks and CrosswalksOrlando, FL Take a walk with me. I live in Orlando, one of the most walkable cities in the world—and also one of the most dangerous for pedestrians. In 2021, cars hit more than 150 people on a public road in this city. That's nearly one person every week. And those are just the accidents that happen on public roads. Think about sidewalks and pedestrian or bicyclist hit-and-run cases. I can't count how many times I've almost been hit on a sidewalk and had to jump out of the way. How many times have you done that?
Parties to Settle 401k Fiduciary Breach Lawsuit in Reichert v. Juniper Networks, Inc.San Jose, CA On November 11, the District Court for the Northern District of California is expected to approve a settlement in
Reichert v. Juniper Networks Inc. The class action ERISA lawsuit, like many before it, alleges that the fiduciaries of the Juniper Networks, Inc. 401(k) Plan breached their legal duty to plan participants because of the way that they managed the participants’ retirement savings.
Instacart Settles California Misclassification LawsuitSan Francisco, CA Instacart is settling a misclassification complaint claiming that the gig company violated the California labor code by misclassifying its workers, known as “shoppers” as independent contractors instead of employees. (Shoppers gather groceries in stores for customers and sometimes deliver them.) The city of San Diego claimed Instacart misclassified its shoppers as independent contractors in order to avoid paying them benefits.
New California Law Requires Pay TransparencySanta Clara, CA A new California labor bill, which takes effect next January 2023, will require employers with over 15 employees to list pay and salary ranges on all job postings. The Senate Bill 1162 is key to achieving pay equity and the lack of pay transparency has disproportionately affected both people of color and female employees, according to proponents of the bill.
Assisted Living Operator to Settle Wage and Hour Lawsuit for $9.5 MillionSacramento, CA Frontier Management LLC will pay $9.5 million to settle a California labor lawsuit brought by roughly 1,000 workers who were not paid for work required before they clocked in, after they clocked out and during meal breaks.
Wright v. Frontier Management, as originally filed, alleged nine causes of action under the federal Fair Labor Standards Act (FLSA), the California Labor Code and the California Business and Professions Code. Claims under the California Private Attorneys General Act (PAGA) were added thereafter. The senior care industry is notorious for wage and hour violations and has been the subject of federal and California investigations.
