San Francisco, CA: Two lawsuits aimed at defeating a request for reimbursement of funds under ERISA were struck down by the Ninth Circuit on grounds that plaintiff actions did not qualify under ERISA. A lower court came to the same conclusion over claims made in the two ERISA lawsuits.
Los Angeles, CA: A California OSHA lawsuit that alleges protective surgical gowns were rendered less protective due to cost-cutting on the part of the manufacturer, is meandering its way through US District Court for the Central District of California.
Los Angeles, CA: An update now on the California wrongful termination lawsuit filed by a former ESPN tennis commentator allegedly fired from his position with the network over the use of a word plaintiff Doug Adler claims he never used.
Los Angeles, CA: A proposed settlement worth $2.2 million that would have put an end to a compliance lawsuit against Google Inc. has been scuppered after a judge in a California court struck down the settlement. US District Judge Lucy Koh indicated in her ruling that the benefits to the class derived from the settlement were “difficult to understand.”
Fresno, CA: A disturbing harassment story has been emerging from a successful jewelry retail chain that has locations in California. So far there have been no reports of sexual harassment allegations stemming from Sterling Jewelers at Edwards, or Kay Jewelers located in Visalia and Fresno. It is also not known if any current or former employees in California are part of the arbitration class.
Los Angeles, CA A discrimination lawsuit alleging age discrimination and ‘failure to hire’ on the part of the Los Angeles Times is headed for arbitration following a ruling by a California Superior Court judge who found that discrimination and failure to hire claims fell outside the bounds of the freelance agreement signed by, and governing the activities of, the plaintiff.
Palm Desert, CA: As the Trump Administration continues to target, in various efforts the undocumented worker, there remains a growing wave of support for undocumented workers in California and their role in the economy of the state. Not lost on supporters of undocumented workers both in the state and the country overall is the debacle that involved the President’s original nominee for Labor Secretary, Andrew Puzder, the CEO of CKE Restaurant Holdings Inc. (CKE), who admitted employing an undocumented worker, and failing to pay legally-required taxes on her wages.
San Francisco, CA: With spring training underway in southern climes, and the Major League Baseball season about a month away, the timing for certification of a once-rejected wage and hour class action lawsuit seems somewhat appropriate for the time of year, not to mention a source of relief for a collective of minor league players having already faced a rejection of their proposed class action lawsuit.
June Lake, CA: It appears prevailing opinion does not quite align when it comes to regulating the safety of ski and snowboard hills in the state of California. Two experts on ski, and snowboard safety opine that federal and state regulations with regard to trail safety are either sorely lacking, or non-existent altogether. However that position is in deference to one taken by the head of a ski industry association, who holds that standards and regulations do exist, including regulations and guidelines issued by California Division of Occupational Safety and Health (Cal / OSHA).
Thousand Oaks, CA: As we move ever closer to tax time, which is also a time when investors review their investments to maximize returns, a look back in the rear view mirror reminds us of a multi-million dollar ERISA settlement announced late last year that hinged on the fiduciary duties of those entrusted with growing, and managing retirement funds according to tenets of the Employee Retirement Income Security Act (as amended, 1974).