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January 2017 Archives

Amazon Again Faces Joint Employer Liability

Over a year ago, we discussed the settlement that occurred between a class of warehouse workers in California and two joint employers, SMX LLC and Amazon.com LLC ("Amazon"). Last November, Amazon was notified of another joint-employer suit, along with Silverstar Ltd. ("Silverstar") and Gold Standard Transportation Inc. ("Gold Standard").

Shored-up anti-scam bill seeking to protect seniors introduced

We all know that there is no dearth of con artists working hard in unscrupulous businesses and industries across the country, seeking to take the hard-earned money -- indeed, the life savings -- of victims who are not constantly on guard against consumer fraud.

Volkswagen Settles with Dealerships over Emissions Scandal for $1.6 Billion

Last October, we discussed Volkswagen's (the "Company") $14.7 billion settlement for car owners of VW and Audi 2-liter diesel vehicles that were affected by the emissions scandal. On January 23, 2017, the Company paid an additional $1.6 billion to resolve lawsuits filed by Volkswagen AG franchise dealerships ("Dealers").

Five Million Dollar Settlement for Johnson & Johnson Bedtime Products

The National Sleep Foundation recommends 14 to 17 hours of sleep for newborns, and 12 to 15 hours of sleep for infants. However, as many caretakers know, ensuring children achieve the optimal amount of sleep can be difficult. As a result, Johnson & Johnson Consumer Companies, Inc. ("Johnson & Johnson" or the "Company") created "J&J's Bedtime" line of baby products to help babies sleep. Unfortunately, many customers who bought J&J's Bedtime products were disappointed by the results.

Costco's California Wage Statement Class Action is Dismissed

In May 2012, Loretta Apodaca ("Apodaca") alleged that Costco Wholesale Corp. ("Costco") failed to provide her with proper wage statements under California law, which requires companies to provide hours worked and hourly rates. After the Central District of California dismissed Apodaca's case, Apodaca appealed it to the Ninth Circuit.

JC Penney's $4.5 ERISA Settlement Approved

When employers provide employees retirement benefits, they must follow guidelines set by the Employment Retirement Income Security Act ("ERISA"). According to the law, employers are fiduciaries when they provide retirement plans, and thus must act in their employees' best interest. A 401(k) is a type of retirement plan, set up by employers, that allows employees to invest a portion of their salaries, tax deferred, into investments products such as stocks or mutual funds.

There Are Many Common Violations of the Law Concerning Wages

As an employee, you hope you're never faced with a dispute regarding your employer. Unfortunately, when it comes to wages and benefits you never know if something could go wrong. If this happens, you have every right to stand up for yourself.

ConAgra Class Certification Upheld in Ninth Circuit

When a group of people have a similar grievance relating to a product, consumer class actions are an incredible legal tool to recover losses. As a class, consumers have more leverage to hold companies accountable for their products, especially in instances where their individual losses are not enough to justify proceeding on their own. Rule 23 of the Federal Rules of Civil Procedure ("Rule 23") outlines the legal requirements to form a class. Class certification requires having a group that is numerous enough so that individual litigation is impractical, the group must have common questions of law or fact, typical claims, and the representative party must be able to fairly and adequately protect the interests of the class.