Here are some of the lastest music news from around the world!
|Fri, 22 Jun 2018 14:15:00 -0700|
Big Law Employee Sues Unum Group for Denial of Benefits
Greeneville, TN: On May 14, 2018, Janet Mitchell, a former employee of the mega law firm Jones Day, filed a lawsuit against both Unum and Jones Day in a Tennessee Federal Court. Mitchell states that she suffers from a constellation of health conditions that prevent her from being able to work, including coronary artery disease, fibromyalgia, osteoarthritis, hypertension, and chronic obstructive pulmonary disease. She alleges that Unum denied her claim for long-term disability benefits even though several of her treating physicians provided Unum with medical reports supporting her claim. Yet Unum denied her claim without ever having one of its own physicians examine her. The lawsuit says the denial was issued in bad faith, in order for Unum Provident to meet its monthly target
|Fri, 22 Jun 2018 11:15:00 -0700|
Unlicensed Drivers Cause Two Recent California Car Accidents in One Week
San Jose, CA: On May 20, 2018, an Acura TL driven by a 16-year-old unlicensed driver jumped a curb on Highway 101, and skidded down an embankment before it was struck by another vehicle, killing a teen passenger. One week later, on Memorial Day, a stolen car driven by a 13-year-old was fleeing San Jose police when it collided with another vehicle in a head on crash, critically injuring one passenger and harming four others. California is notorious for its high rate of uninsured drivers, resulting in a large number of California car accidents. Accidents with an uninsured driver can result in the uncertainty of whether one’s injuries and property damage will be compensated, and if so, how?
|Thu, 21 Jun 2018 14:00:00 -0700|
Why You Need an Estate Plan
Santa Cruz, CA: Inheritance lawyers have heard it all at this point: you don’t need a Will or a trust fund because you are not rich, own everything with a spouse, have wandered through the house putting little yellow sticky notes on the pictures and the silverware describing who should get them, and besides, you’re young and go to the gym. D
|Wed, 20 Jun 2018 12:00:00 -0700|
Credit Union Lawsuit Cites Excessive Overdraft Fees
Madison, WI: In March 2018, Matthew Domann filed a class action lawsuit against Summit Credit Union alleging that since 2010, SCU has wrongfully charged overdraft fees to checking account customers throughout Wisconsin. The credit union lawsuit details a practice of placing “holds” on pending debit card transactions and deposits to artificially depress the account balances and then reordering the transactions to maximize the number of overdraft fees assessed. I
|Tue, 19 Jun 2018 10:00:00 -0700|
Takata Airbag Recall Heating Up
Los Angeles, CA: The chances of a defective Takata airbag exploding and firing metal shards at you, even in a minor fender bender, increase with rising temperatures. But the National Highway Traffic Safety Administration (NHTSA) says many people driving unsafe cars, including Honda, Ford and Mazda, haven’t grasped the recall’s urgency. <
|Mon, 18 Jun 2018 10:00:00 -0700|
Former Marriott Hotel Waiter Appeals Dismissal of his California Unpaid Wages Lawsuit
San Jose, CA: Ex-waiter Ian McCray worked for the San Jose Marriott from May of 2012 to August of 2015. He claims that during that time, Marriott Hotel Services did not pay him the minimum wage required by the city’s municipal wage ordinance. The ordinance appears to provide for a waiver of the minimum wage requirement if employees agree to those terms in a Collective Bargaining Agreement (CBA). Because McCray’s employment with the Marriott was governed by a CBA that waived the minimum wage ordinance, the hotel claimed that it didn’t need to comply with San Jose’s minimum wage laws. The court dismissed McCray’s California unpaid wages lawsuit back in March of 2017, and now the appellate court is reviewing that ruling. Can
|Wed, 13 Jun 2018 11:30:00 -0700|
California State Labor Commissioner Slams Restaurants with Wage Theft Violations
San Francisco, CA: Despite California restaurants in the past few years receiving huge fines for California labor law violations, some employers seem to have missed the memo, or perhaps they think employees on salary aren’t entitled to overtime compensation. Or perhaps they think restaurant workers, from dishwashers to cooks to General Managers, are afraid of losing their jobs if they file a complaint. Workers at six Rangoon Ruby Burmese Cuisine chains and Kome Japanese Seafood & Buffet, however, did complain, and their complaints resulted in fines totaling more than $10 million.
|Wed, 13 Jun 2018 09:00:00 -0700|
Invesco Accused of Treating ERISA Plan Participants as Captive Investors
Atlanta, GA On May 24,2018, participants in the Invesco 401(k) Plan filed an ERISA lawsuit in the Northern District of Georgia. The ERISA lawsuit contends that Invesco, Ltd. profited from the ERISA plan it offered to employees. The situation is rife with potential conflicts of interest because the employer, a plan fiduciary, is also an investment manager. Lest we lose track in this tangled web, self-dealing is against the law
|Fri, 08 Jun 2018 10:00:00 -0700|
Ninth Circuit Champions Wrongly Denied Disability Claimant
Los Angeles, CA In Bowlin v. The Prudential Life Insurance Company of America, the United States District Court for the Central District of California overruled Prudential’s decision to deny long term disability benefits to a worker who gave evidence of many physical and psychological ailments. Bowlin is something of a rarity in long term denied disability lawsuits because the plaintiff won. Maybe it’s a trend in California, though. I
|Thu, 07 Jun 2018 09:00:00 -0700|
Potential H&M Class Action Lawsuit Over Unpaid Security Bag Checks
San Jose, CA: A former H&M employee, Ser Lao, has sued fashion retailer H&M in federal court for allegedly failing to provide employees with correctly itemized wage statements, and failing to pay employees minimum wage, overtime, and premium pay for missed meal and rest periods. Lao’s California unpaid wages lawsuit also alleges that H&M violated California Labor Code by refusing to pay employees for the time they spent after clocking out while having their bags checked to make sure that they were not stealing merchandise. The United States District Court for the Northern District of California, San Jose Division, has now been asked to certify the class to proceed as a class action. Meanwhile, the State Supreme Court is poised to issue an epic decision on the exact same issue in Troester v. Starbucks.
|Tue, 05 Jun 2018 10:00:00 -0700|
After $7.9 Million Jury Verdict, Chipotle Settles California Labor Lawsuit To Avoid Punitive Damages
Fresno, CA: Long-time valued Chipotle General Manager Jeanette Ortiz was accused of stealing $626 dollars from her employer, but when she asked to see the surveillance footage of the alleged incident, her supervisors refused and destroyed the footage. Subsequently, she went out on medical leave for a work-related injury, and was terminated while out on leave. The pretext for her firing was the alleged theft. After a jury found Ortiz’s account of retaliatory termination persuasive, awarding her $7.9 million in damages, Chipotle Mexican Grill quickly settled the California labor lawsuit for an undisclosed amount to avoid what likely would have been a punitive damages award up to nine times as much as the $7.9 million compensatory damages award.
|Thu, 31 May 2018 13:15:00 -0700|
Study Further Links Proton Pump Inhibitors to Gastric Cancer and Conflicts with FDA study, Lawsuits to Follow
Santa Clara, CA: A link between proton pump inhibitors (PPIs) and high risk of gastric cancer isn’t new, but the results of a new study conflicts with the FDA’s mandated PPI study. <
|Fri, 25 May 2018 12:45:00 -0700|
US DOT: Your Car and Where You Live May Increase Defective Airbag Risk
Miami, FL: Of about 50 million Takata defective airbags being recalled, some vehicles are more dangerous than others, according to the US. Department of Transportation. And some places have a greater potential to cause inflator ruptures—heat and humidity are risk factors.
|Thu, 24 May 2018 08:00:00 -0700|
Federal Government Discourages Penalties for Nursing Home Abuse Despite Report Calling for More Oversight
New York, NY: Since 2017, the Trump administration has been rolling back Obama-era rules intended to protect patients from elder care neglect. Since 2016, the Centers for Medicare and Medicaid Services (CMS), part of the Federal Department of Health and Human Services, has been making rules that prevent victims of nursing home injury from bringing civil lawsuits to recover damages for neglect and abuse. Then in 2017, CMS discouraged its regional offices from fining care centers for one-time violations and issued a memo discouraging directors of state agencies from issuing daily fines for certain violations
|Wed, 23 May 2018 09:15:00 -0700|
CA Top Court Makes it Harder for Employers to Deny Overtime by Designating Workers as Independent
Los Angeles: A groundbreaking decision has been issued in Dynamex v. Superior Court of Los Angeles County. The Court adopted a three-part test that applies to any alleged misclassification under a California Industrial Welfare Commission (IWC) wage order. The IWC regulates wages, hours, and working conditions, and requires “employees” to be paid minimum wage, receive meal and rest breaks, and overtime pay. Now that the highest court in the state has ruled on this issue, there is a rebuttable presumption that all workers are “employees” and must be paid overtime accordingly. Workers who have been misclassified may now be more likely to prevail in a California unpaid wages lawsuit. D
|Tue, 22 May 2018 11:00:00 -0700|
Death by Delay – CFPB Defers Credit Union Overdraft Regulations into Indefinite Future
Washington, DC On May 10, 2018, the Consumer Financial Protection Bureau (CFPB) quietly scuttled proposed consumer overdraft protection regulations, moving them to the inactive list until some undefined, unknown day in the future when a permanent director is named. Meanwhile, banks and credit unions continue to rake in fees through questionable practices, including some arguably strained definitions of phrases like “not enough money.” Fortunately for consumers, the plaintiffs’ bar soldiers on, pursuing excessive overdraft fees lawsuits on their behalf.