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June 20, 2021
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Nike to Settle Bag Check Lawsuit for $8.25 Million
Nike to Settle Bag Check Lawsuit for $8.25 Million
San Francisco, CA Sneaker giant Nike seems poised to settle a long-running California labor lawsuit for $8.25 million. Rodriguez v. Nike Retail Services Inc. has a history that reflects one of the more significant developments in California labor law since 2018.

No Surprises Act to Eliminate ER Overcharges?
No Surprises Act to Eliminate ER Overcharges?
Santa Clara, CA Although the “No Surprises Act” will be in effect January 1, 2022, the first regulations are slated for July 2021. If all goes according to plan, patients to emergency rooms will no longer be hit with outrageous ER overcharges or receive surprise bills in the mail, mainly due to out of network treatment.

Participants Sue Bronson Healthcare Plan over Inclusion of Fidelity Freedom Fund
Participants Sue Bronson Healthcare Plan over Inclusion of Fidelity Freedom Fund
Kalamazoo, MI On May 6, Susan Gleason and Candi Gabrielse filed a class action ERISA lawsuit against Bronson Healthcare Group Inc. in the Western District of Michigan. Gleason v. Bronson Healthcare is an example of increasingly distinctive subtype of breach of fiduciary duty lawsuits that focus on the relative cost and performance of two Fidelity investment funds, both of which were part of the Bronson Healthcare Group, Inc. 403(b) Tax Sheltered Matching Plan.

Ecolab to Settle Overtime Lawsuit for $2.55 Million
Ecolab to Settle Overtime Lawsuit for $2.55 Million
San Francisco, CA Parties have asked the Northern District of California to approve an agreement to settle unpaid wages claims against Ecolab. If approved as expected, the settlement would end a lawsuit in which employees claim that they were misclassified as salaried workers and consequently deprived of overtime, double time and unpaid rest periods including meal breaks.

3M Earplugs Bellwether Trial: So far a Draw
3M Earplugs Bellwether Trial: So far a Draw
Pensacola, FLThe second 3M earplug lawsuit ended with a win for the defense.  The Combat Arms Earplug manufacturer lost the first bellwether trial that ended with a $7.1 million win for veterans. Now, hundreds of thousands of victims with hearing loss allegedly from defective earplugs await the third and final trial on June 7th in Pensacola.

California Supreme Court to Rule on Rest and Meal Premium Payments
California Supreme Court to Rule on Rest and Meal Premium Payments
Los Angeles, CA On May 18, the California Supreme Court heard arguments about what the phrase “regular rate of compensation” means for the purpose of calculating premium payments that must be paid when employers fail to offer meal and rest breaks as required by the California Labor Code. More specifically, the questions are: Does the phrase “regular rate of compensation,” as used in Industrial Wage Order No. 5-2001, mean the same thing as “regular rate of pay” under California Labor Code Section 226.7? Must the premium payments required by Wage Order No. 5 include any additional incentive compensation such as nondiscretionary bonuses, or are they limited to an hourly worker’s base wage?

In-N-Out Burger Accused of California Labor Violations
In-N-Out Burger Accused of California Labor Violations
Los Angeles, CA A former employee of In-N-Out Burger accuses the fast food restaurant chain of numerous California Labor Code violations, and unfair business practices, from COVID protocol failure to retaliation for whistleblowing. Luis Becerra is seeking to represent current and former In-N-Out employees dating back to January 2020.

Kaiser Permanente settles two race discrimination class-action lawsuits totaling $18.9 million
Kaiser Permanente settles two race discrimination class-action lawsuits totaling $18.9 million
San Francisco, CA After more than two years of negotiations, Kaiser Permanente has settled two class action lawsuits claiming that it discriminated against employees on the basis of race and in violation of the California Labor law.

Recent Studies Show Other Side Effects, including certain Cancers, with Long-term PPI Use
Recent Studies Show Other Side Effects, including certain Cancers, with Long-term PPI Use
Santa Clara, CA For more than a decade, studies have shown that proton pump inhibitors (PPIs) are associated with serious side effects, including kidney failure and other injuries. Researchers now add to “other” injuries biliary track cancer, gallbladder cancer and cholecystitis (inflammation of the gallbladder) and might be carcinogenic.

3M Earplug Bellwether Trials: 1 For 3M, 1 for Plaintiffs
3M Earplug Bellwether Trials: 1 For 3M, 1 for Plaintiffs
Pensacola, FL  The second bellwether case of three found a Florida jury siding with 3M Co., which is the company’s first win in federal court. 3M allegedly sold defective earplugs to veterans but claims in its defense that the military is responsible for the design and delivery of the earplugs. This trial involves an estimated 240,000 total service members, 3,349 of whom have filed lawsuits.


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