On June 11th, a group of older job seekers attempted to bolster their complaints against Amazon and T-Mobile, alleging that the two companies had discriminated against their age by placing age limitations on Facebook advertisements listing the open positions. The group of plaintiffs had originally submitted these claims in 2017, but U.S. District Judge Beth […]
On Wednesday, June 3, 2020, the Employee Benefits Security Administration of the US Department of Labor (“DOL”) issued guidance concerning the ability of 401(k) and other defined contribution plan (“DC plan”) fiduciaries to prudently offer exposure to private equity strategies as an option to plan participants. In an information letter responding to a request by […]
On June 14, 2020, Judge Lucy H. Koh of the United States District Court for the Northern District of California granted Plaintiffs’ motion for class certification in Kristal Nucci, et al. v. Rite Aid Corporation, et al. Plaintiffs filed this case on March 19, 2019, against Rite Aid Corporation (“Rite Aid”) for failure to indemnify […]
In September 2019, several drivers of the popular ridesharing application, Lyft, Inc., brought suit against the company in the United States District Court for the District of Massachusetts, requesting that the Court declare that Lyft misclassified drivers as independent contractors under Massachusetts law. If the drivers are classified as employees under Massachusetts law, then they […]
Author: Nick Lussier The Coronavirus (“COVID-19”) has disrupted businesses from coast to coast and since led to a slew of lawsuits against insurance companies. The famed restaurateur, Thomas Keller (“Keller”), recently sued The Hartford and underwriter, Lloyd’s of London, seeking judgment in its favor pursuant to an insurance policy that extended coverage from direct physical […]
Authors: Michael Ols (mols@sfmslaw.com); Nicolas A. Lussier (nlussier@sfmslaw.com) In a recent filing in the Western District of Pennsylvania, PNC has agreed to terms which would settle two pending federal cases, Herbin v. The PNC Financial Services Group, Inc., No. 19 Civ. 696 (W.D. Pa.) and Minor v. PNC Bank, N.A., No. 19 Civ. 114 (W.D. […]
On Monday, New Jersey Governor Phil Murphy signed bills that will protect employees from worker misclassification. The worker misclassification bills will protect self-employed and freelance workers, and companies will now be obligated to offer them the right to earn overtime pay, earn sick leave time, and be able to take advantage of Workers’ Compensation if […]
The vote on the New Jersey independent contractors bill S4204 will be delayed. Senate President Stephen Sweeney announced on Wednesday that state lawmakers will not be voting on the bill before the lame-duck session ends next week in mid-January. Instead, the proposed bill will be revisited and discussed in further detail in the next two-year […]
In early November 2019, Wells Fargo Bank, N.A. (“Wells Fargo” or “Defendant”) asked the Ninth Circuit Court of Appeals (“Ninth Circuit”) to reverse a judgment of the U.S. District Court, Central District of California, in the case Patricia Barreras, et al. v. Wells Fargo Bank, N.A., et al., Case No. CV 17-4344 PA, that awarded […]
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 […]
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