Department of Labor Provides Limited Increase in Overtime Pay Threshold

In September 2019, the Department of Labor (“DOL”) announced a final rule which will increase the annual salary amount to qualify for certain exemptions under the Fair Labor Standards Act (“FLSA”).  Pursuant to the FLSA, salaried employees are not entitled to overtime pay if they, inter alia, earn more than the salary threshold, which is […]

Nissan CVT Settlement

If you purchased or leased a 2013-2017 Nissan Sentra, 2014-2017 Nissan Versa Note, or 2012-2017 Nissan Versa equipped with a Continuously Variable Transmission (“CVT”) (collectively, “Class Vehicle(s)”), a proposed class action settlement in Patricia Weckwerth, et al. v. Nissan North America, Inc., Case No. 3:18-cv-00588, may affect your rights. Detailed information about the proposed settlement […]

Kellogg Deceptive Advertising Case Settles

On October 21, 2019, the representative for a class of California consumers filed a motion for preliminary approval of a nationwide class action settlement against Kellogg Sales Company (“Kellogg”) for Kellogg’s alleged violations of California’s False Advertising Law, Consumers Legal Remedies Act, and Unfair Competition Law. This case commenced on August 29, 2016, when Plaintiff, […]

Growth of CBD Industry Leads to a Flood of Consumer Litigation

From vape shops to Sephora, to health and wellness stores like GNC, industries around the country are tapping into the new health and cosmetics trend that is cannabidiol (“CBD”).  CBD-branded products are so popular that sales are expected to exceed $5 billion this year.  But what is CBD, and why has it suddenly become the […]

California Enacts Sweeping New Bill Aimed at Protecting Consumers

Beginning on January 1, 2020, Californians will enter a new age of privacy rights with the enactment of the California Consumer Privacy Act (“CCPA” or “the Act”). Following the infamous Cambridge Analytica hack and subsequent public outrage, lawmakers in California moved quickly to protect consumers’ personal information and hold responsible businesses liable. The Act grants […]

Shareholder Suit Filed Against Inc.

Shepherd, Finkelman, Miller & Shah, LLP (“SFMS”) announces that a class action lawsuit has been filed in the United States District Court for the District of Utah (Civil Action No. 19-00709) against Inc. (“Overstock” or the “Company”) (Nasdaq: OSTK) and certain of its officers and directors. The case seeks remedies under the Securities Exchange […]

New Jersey Struck Uber with Millions in Fines for Worker Misclassification

The state of New Jersey struck Uber with more than $600 million in fines and taxes due to their alleged practice of worker misclassification via labelling employees as independent contractors. The New Jersey Department of Labor and Workforce Development claims that Uber owes over $500 million in overdue taxes as well as fines and interest […]

A Blow for ERISA Plaintiffs in the Ninth Circuit

On August 20, 2019, the Ninth Circuit Court of Appeals held that mandatory arbitration agreements in employee retirement and investment plans are enforceable, overturning a recent district court ruling and upsetting Circuit precedent. In recent years, corporations have regularly inserted arbitration clauses into contracts with their employees and customers. Arbitration clauses bind parties to resolving […]

Ninth Circuit Finds McDonald’s is Not a Joint Employer

On October 1, 2019, the Court of Appeals for the Ninth Circuit affirmed the ruling of the district court and held that McDonald’s is not a joint employer of one of its franchisee’s workers. McDonald’s U.S.A. LLC is a franchisor, that contracts with franchisees, such as the Haynes Family Limited Partnership (“Haynes”). Approximately 1,400 employees […]

The Ninth Circuit Asks the California Supreme Court to Decide whether the Dynamex Decision Applies Retroactively

In mid-2018, the California Supreme Court handed down a precedential decision in Dynamex Operations West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), reh’g denied (June 20, 2018), by adopting a new worker-friendly test, called the “ABC test,” when determining whether a worker should be classified as an employee or independent contractor under California […]