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May 16, 2021
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KImberly-Clark 401k ERISA lawsuit Alleges Excessive Costs
KImberly-Clark 401k ERISA lawsuit Alleges Excessive Costs
Dallas, TX On April 15, two participants in the Kimberly-Clark Corporation 401(k) & Profit Sharing Plan filed a class action ERISA lawsuit in the federal District Court for the Northern District of Texas. Seidner v. Kimberly-Clark Corp. alleges that plan fiduciaries violated ERISA by failing to monitor plan administrative expenses, thus wasting the participants’ retirement savings and depriving them of the opportunity for investment growth over time.

Auditor Whistleblower vs. PricewaterhouseCoopers
Auditor Whistleblower vs. PricewaterhouseCoopers
San Francisco, CA Former senior manager of PricewaterhouseCoopers claims he was fired in retaliation for a whistleblower claim he made to the U.S. Securities and Exchange Commission (SEC). Mauro Botta was an auditor at the behemoth auditing company for almost two decades until he was fired in 2017.


Drillers’ Unpaid Wage Claim Gets Conditional Class Certification
Drillers’ Unpaid Wage Claim Gets Conditional Class Certification
Houston, TX  On April 20, the United States District Court for the Southern District of Texas adopted the Magistrate Judge’s recommendation to grant conditional certification to a class of oil drilling workers who sought to pursue a collective action under the Fair Labor Standards Act (FLSA). Young v. Energy Drilling Company advances unpaid wages claims that Energy Drilling willfully miscalculated the workers’ overtime pay.

National Black Farmers Association Joins Monsanto MDL
National Black Farmers Association Joins Monsanto MDL
San Francisco, CA  On April 1, the Judicial Panel on Multidistrict Litigation denied Monsanto Company’s request that it reconsider its decision to include National Black Farmers Association v. Monsanto Co. in the Multidistrict Litigation (MDL), consolidated in the Northern District of California. National Black Farmers Association, a Monsanto glyphosate lawsuit, focuses on the harms suffered by the rural Black farmers who make up its membership.

Production Worker Sues Sporting Goods Retailer for Overtime, COVID-19 Testing
Production Worker Sues Sporting Goods Retailer for Overtime, COVID-19 Testing
Riverside, CA  On March 15, Jose Hernandez Solis filed a California labor lawsuit against The Merchant of Tennis, where he was a non-exempt hourly employee. Hernandez Solis v. The Merchant of Tennis claims that the sporting goods retailer incorrectly calculated Mr. Solis’s overtime and failed to compensate him for time spent undergoing temperature screenings required before each shift. In addition, the Complaint alleges that non-exempt employees were not permitted to take duty-free rest breaks required by the California Labor Code and Wage Order No. 7 and that his employer failed to promptly pay him all wages due at the termination of employment. The California Unfair Competition claims rise out of the other charges. The lawsuit seeks class action or collective status under California and federal law.

Boston Scientific Vaginal Mesh Settlement and More Abdominal Mesh Lawsuits Filed
Boston Scientific Vaginal Mesh Settlement and More Abdominal Mesh Lawsuits Filed
Washington, DC Boston Scientific will pay $188.6 million to resolve transvaginal mesh lawsuits in 47 states and the District of Columbia. This means that tens of thousands of women who have been injured by vaginal mesh implants will qualify for some restitution.

Ninth Circuit Asked to Require Hotel to Rehire Workers with Back Pay and Damages
Ninth Circuit Asked to Require Hotel to Rehire Workers with Back Pay and Damages
Los Angeles, CA On March 17, the National Labor Relations Board (NLRB) asked the Ninth Circuit to enforce its Order that the Hotel Bel-Air rehire workers laid off in September 2009 who reapplied for their jobs in 2011 with back pay and damages. The Order further requires the hotel to recognize Unite Here Local 11 as the workers’ bargaining representative. The important story for unionized workers or those who seek to organize is about union-busting -- hotel workers who were left without jobs and potential unpaid wages claims for more than a decade.

PPI Wrongful Death Lawsuit
PPI Wrongful Death Lawsuit
Newark, NJ A wrongful death lawsuit has been filed against AstraZeneca, Merck & Co., Procter & Gamble and other manufacturers of proton pump inhibitor (PPI) drugs. Plaintiff Daisy Perez claims her husband, a New Mexico man, died of metastatic gastric cancer after taking Nexium and Prilosec.

Walgreens Poised to Settle Pharmacy Tech Wage Lawsuit for $3.3 Million
Walgreens Poised to Settle Pharmacy Tech Wage Lawsuit for $3.3 Million
Los Angeles, CA  On April 15, a federal court in the Central District of California is expected to approve a $3.3 million settlement in Christina Epstein v. Walgreens Pharmacy Services Midwest LLC. The settlement will end a California labor lawsuit brought on behalf of a class of 6,745 pharmacy technicians who allege that Walgreens failed to compensate them for off-the-clock work and pay overtime wages, as required by California state labor law.

Emergency Room Overcharges Complaints Outrageous but True
Emergency Room Overcharges Complaints Outrageous but True
Santa Clara, CA Many emergency room overcharges complaints submitted to LawyersandSettlements are so outrageous they seem fictional. Sadly, they are true. In each complaint below, the patient’s bill isn’t even close to the “going rate”.

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