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KImberly-Clark 401k ERISA lawsuit Alleges Excessive CostsDallas, TX On April 15, two participants in the Kimberly-Clark Corporation 401(k) & Profit Sharing Plan filed a class action ERISA lawsuit in the federal District Court for the Northern District of Texas.
Seidner v. Kimberly-Clark Corp. alleges that plan fiduciaries violated ERISA by failing to monitor plan administrative expenses, thus wasting the participants’ retirement savings and depriving them of the opportunity for investment growth over time.
Drillers’ Unpaid Wage Claim Gets Conditional Class CertificationHouston, TX On April 20, the United States District Court for the Southern District of Texas adopted the Magistrate Judge’s recommendation to grant conditional certification to a class of oil drilling workers who sought to pursue a collective action under the Fair Labor Standards Act (FLSA).
Young v. Energy Drilling Company advances unpaid wages claims that Energy Drilling willfully miscalculated the workers’ overtime pay.
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PFAS Mesh Talc Breast Explant Zantac CA Labor? Production Worker Sues Sporting Goods Retailer for Overtime, COVID-19 TestingRiverside, CA On March 15, Jose Hernandez Solis filed a California labor lawsuit against The Merchant of Tennis, where he was a non-exempt hourly employee.
Hernandez Solis v. The Merchant of Tennis claims that the sporting goods retailer incorrectly calculated Mr. Solis’s overtime and failed to compensate him for time spent undergoing temperature screenings required before each shift. In addition, the Complaint alleges that non-exempt employees were not permitted to take duty-free rest breaks required by the California Labor Code and Wage Order No. 7 and that his employer failed to promptly pay him all wages due at the termination of employment. The California Unfair Competition claims rise out of the other charges. The lawsuit seeks class action or collective status under California and federal law.
Ninth Circuit Asked to Require Hotel to Rehire Workers with Back Pay and DamagesLos Angeles, CA On March 17, the National Labor Relations Board (NLRB) asked the Ninth Circuit to enforce its Order that the Hotel Bel-Air rehire workers laid off in September 2009 who reapplied for their jobs in 2011 with back pay and damages. The Order further requires the hotel to recognize Unite Here Local 11 as the workers’ bargaining representative. The important story for unionized workers or those who seek to organize is about union-busting -- hotel workers who were left without jobs and potential unpaid wages claims for more than a decade.
Walgreens Poised to Settle Pharmacy Tech Wage Lawsuit for $3.3 MillionLos Angeles, CA On April 15, a federal court in the Central District of California is expected to approve a $3.3 million settlement in Christina Epstein v. Walgreens Pharmacy Services Midwest LLC. The settlement will end a California labor lawsuit brought on behalf of a class of 6,745 pharmacy technicians who allege that Walgreens failed to compensate them for off-the-clock work and pay overtime wages, as required by California state labor law.
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