Case News
Judge Gives Green Light to Medi-Cal Civil Rights Case Affecting 1 in 3 Californians
The Alameda County Superior Court has ruled that a civil rights lawsuit over inadequate access to health care for 13 million Medi-Cal participants may proceed, after a two-year fight by the State of California to stop its advancement.
Preliminary Approval of $5.4 Million Settlement in Castro v. ABM
Settlement Would Resolve Janitors’ Claims for Cell Phone Reimbursement
Final Approval of Settlement in Juarez v. Oakland Pallet Co., Inc.
Piece Rate Workers and Drivers Will Recover in Oakland Pallet Co., Inc. Settlement
Class Action Filed on Behalf of Technical Associates ESOP Participants
On January 30, 2019, Plaintiffs Nelson Gamache and Edward Nofi filed a class action in the United States District Court for the Middle District of Georgia in Albany against John Hogue and Graham Thompson, as well as the Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan.
Motion for Preliminary Approval of Settlement Filed in Castro v. ABM Industries, Inc.
On January 4, 2019, Plaintiffs in Castro v. ABM filed a motion for preliminary approval of a $5.4 million settlement on behalf of Cleaners employed by ABM in California since October 24, 2010.
Class Action Filed on Behalf of Non-Union Home Care Workers Alleging ERISA and New York Wage Parity Violations
On November 28, 2018, Feinberg Jackson Worthman & Wasow LLP and Levy Ratner filed a class action on behalf of Plaintiffs Ynes Gonzalez de Fuente, Mariya Kobryn, and Ivan Kobryn in the United States District Court for the Eastern District of New York against, among others, Preferred Home Care of New York, Edison Home Health Care, and Healthcap Assurance, Inc., under the Employee Retirement Income Security Act of 1974 (“ERISA”) and the New York State Home Care Worker Wage Parity Law (“Wage Parity Law”).
Class Action Filed on Behalf of Raydon ESOP Participants
On December 5, 2018, Plaintiff Stephanie Woznicki filed a class action in the United States District Court for the Middle District of Florida in Orlando against Raydon Corporation, as well as Donald K. Ariel, David P. Donovan, the ESOP Committee of the Raydon Corporation Employee Stock Ownership Plan and Lubbock National Bank under the Employee Retirement Income Security Act of 1974 (“ERISA”) on behalf of herself and a class of participants in, and beneficiaries of, the Raydon Corporation Employee Stock Ownership Plan (“the ESOP” or “the Plan”) to restore losses to the Plan.
Court Orders CSC to Pay Systems Administrators Time-and-a-Half for Overtime, As Well As Matching Liquidated Damages
On November 9, 2018, the United States District Court for the District of Connecticut ruled that Defendant Computer Sciences Corporation in the matter of Strauch v. Computer Sciences Corp., No. 14-956 (D. Ct.), had to pay its misclassified professional and associate professional systems administrators who opted into the case pursuant to the standard time-and-a-half method for calculating unpaid overtime, rather than the half-time “fluctuating workweek” standard sought by CSC. This decision effectively results in these systems administrators being entitled to three times as much as they would have been entitled to under the fluctuating workweek methodology. In addition, the court ruled that systems administrators who opted into the case were entitled to liquidated damages equal to their claims for unpaid overtime under federal law.
Feinberg, Jackson, Worthman & Wasow, alongside co-counsel at Outten & Golden and Lieff, Cabraser, Heimann, & Bernstein, had previously succeeded at a trial on the merits of the misclassification issue in December 2017, with damages to be determined at a later date. Final damages in the case are still left to be resolved in light of the court’s latest order, in particular the appropriate inferences to be made where CSC produced incomplete records.
Press coverage of the November 9 order is here. For more information on the December 2017 CSC trial, click here.
Ex-Wawa Workers Get $25M Deal, $5M Attorney Fees In ESOP Class Action
On August 31, 2018, the Court granted final approval to the class action settlement, granted Plaintiffs’ motion for attorneys’ fees, costs and class representative service awards, and entered final judgment. The Court’s August 31 Order and Judgment are available for viewing. See also, Law360 article.
A Win for Workers in Background Check Case at the California Supreme Court
Affirming a judgment of the Court of Appeals in favor of bus driver aide Eileen Connor, on behalf of hundreds of other bus drivers and aides, the California Supreme Court today upheld the constitutionality of one of California’s background check statutes, the Investigative Consumer Reporting Agencies Act.