Case News

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.

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Second Class Action Filed on Behalf of Former Wawa Employees Over ESOP Shares

On August 8, 2018, Feinberg, Jackson, Worthman & Wasow LLP, along with co-counsel at Block & Leviton LLP, Cohen Milstein Sellers & Toll PLLC, and Donahoo & Associates PC, filed a class action against Wawa, Inc. and related defendants on behalf of ex-employees of Wawa who were not part of  the class in prior litigation against the Wawa ESOP.

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Court Denies Motion to Compel Arbitration of Class Members’ Claims in Castro v. ABM Industries, et al.

On May 14, 2018, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California denied a motion to compel arbitration of class members’ claims by defendants ABM Industries, Inc., et al., instead revising the class definitions to exclude claims by some Cleaners beginning in 2016, when three collective bargaining agreements containing arbitration clauses became effective.

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Preliminary Approval of Atrium ESOP Settlement

On April 12, 2018, the United States District Court for the Eastern District of New York granted preliminary approval of a $1.4 million class action settlement on behalf of the participants and beneficiaries of the Atrium Management Services, Inc. Employee Stock Ownership Plan (“Atrium ESOP”).

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Motion for Preliminary Approval of Tennyson ESOP Class Action Settlement

On March 20, 2018, Plaintiffs Manley Gough, Curtis Bryant and John Gouveia filed a motion in the United States District Court for the Northern District of California seeking preliminary approval of a $1.75 million class action settlement on behalf of the participants and beneficiaries of the Tennyson Electric, Inc.

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Press Coverage of CSC Jury Verdict

On December 20, 2017, a Connecticut jury found IT service provider CSC violated state and federal law by failing to pay certain system administrators overtime. Press coverage of the verdict is collected below.

Jury concludes IT firm knowingly denied workers overtime pay
Washington Post
December 21, 2017
Quotation from Todd Jackson:

“What this ruling tells companies is if they decide to fight these lawsuits, they can lose them in front of a jury,” said Todd Jackson, an attorney at the law firm Feinberg Jackson Worthman and Wasow, who helped bring the class-action suit against the company. “Every technology company should wake up this morning and say ‘do we have a group of workers who are misclassified and should have been paid overtime all along?’ ”

Jury Finds IT Co. Misclassified Workers As OT Exempt
Law360 (subscription only)
December 21, 2017
Quotation from Todd Jackson:

Meanwhile, Todd Jackson of Feinberg Jackson Worthman & Wasow LLP, co-lead counsel for the employees, said in a statement that “these system administrators’ hard work for CSC and its clients is a significant driver of CSC’s profits and success, and they deserve to be fairly compensated.”

Jury finds CSC ‘wilfully’ underpaid tech support workers
ZDNet
December 22, 2017
Quotation from Todd Jackson:

“These system administrators’ hard work for CSC and its clients is a significant driver of CSC’s profits and success, and they deserve to be fairly compensated,” said co-lead plaintiffs’ counsel Todd Jackson of Feinberg, Jackson, Worthman & Wasow LLP.

Federal Jury Rules Against DXC; Lawsuit Demanding Overtime Pay Could Force Changes In How IT Workers Are Classified And Paid
CRN
December 21, 2017
Quotation from Todd Jackson:

“Technology companies across the country should be waking up this morning and looking to see if they have large groups of workers that need to be reclassified,” Todd Jackson, an attorney with Feinberg Jackson, said in a statement. “Companies are learning that they can’t willfully underpay thousands of workers and hope to get away with it.”

Plaintiffs Notch Trial Win in Overtime Wage Fight Against IT Provider
Connecticut Law Tribune
December 21, 2017
Quotation from Todd Jackson:

Attorneys for the plaintiff class said in a written statement that their clients deserve to be adequately compensated. “These system administrators’ hard work for CSC and its clients is a significant driver of CSC’s profits and success, and they deserve to be fairly compensated,” said Todd Jackson, of Feinberg, Jackson, Worthman & Wasow, in a press release Thursday.

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