Employment Violations

Primary Provider Management Misclassifying Employees as Exempt Settlement

This settlement resolves a class action against Primary Provider Management, Inc., Agilon Health, Inc., Cyber Pro Systems (which does business as Medical Data Exchange, Inc.), and MDX Hawaii, Inc. for alleged violations of California wage and hour labor laws and the Fair Labor Standards Act (FLSA). According to the complaint, the companies misclassified nurses who  Read more

Elegant Affairs Catering Workers’ Tips Settlement

RSA Catering, LLC, which does business as Elegant Affairs, has agreed to pay nearly a million dollars to settle a class action alleging that the company unlawfully withheld tips from workers and failed to provide wage notices to workers, in violation of New York State Labor Law.  Read more

McDonald’s Overtime and Breaks Labor Violations California Class Action

This California class action brings suit against McDonald’s Restaurants of California, Inc. and McDonald’s USA, LLC for employment violations. Among the allegations are unpaid overtime and failure to allow for proper rest and meal breaks. As is usual in such cases, these violations have led to “downstream” problems, such as inaccurate wage statements and waiting  Read more

Dick’s Sporting Goods Off-the-Clock Security Check California Class Action

Companies sometimes ask employees to perform some type of work before they’ve clocked in or after they’ve clocked out—for example, putting on protective gear or starting up computer systems. In this class action, a worker at Dick’s Sporting Goods, Inc. complains that she is forced to wait in line, off the clock, for a security  Read more

Aaron’s Overtime Pay and Breaks California Class Action

When a company calculates the overtime rate of pay for its employees, it must take into consideration more than just the employee’s base hourly pay. The complaint for this class action alleges that Aaron’s, Inc. does not figure in incentive pay when calculating employees’ overtime rates. It also alleges that the company does not give  Read more

Kohl’s Misclassification of Assistant Store Managers New York Class Action

The first sentence of the complaint for this class action makes a flat statement: “Retail employers must pay overtime to their assistant managers unless their primary duty is management.” It attributes this requirement to New York Labor Law. However, the complaint contends, Kohl’s Department Stores, Inc. and Kohl’s Corporation misclassify assistant stores managers as exempt  Read more

Exxon Refinery Rest Breaks California Settlement

In 2016, the California Supreme Court interpreted one of the state’s Wage Orders to mean that workers taking rest breaks cannot be required to be on call. This settlement resolves a class action on exactly this point, against ExxonMobil Oil Corp., ExxonMobil Pipeline Company, PBF Energy Limited, and Torrance Refining Company, LLC. The complaint alleged  Read more

NaviHealth Nurses Unpaid Overtime Settlement

NaviHealth, Inc. is choosing to settle a class action alleging that its nurses were improperly classified as exempt and not give overtime pay when they worked overtime hours. The case brought suit under the federal Fair Labor Standards Act (FLSA) and Pennsylvania’s Minimum Wage Act.  Read more

Costco 401(k) Retirement Plan Breach of Fiduciary Duty Class Action

Company retirement plans are governed by the Employee Retirement Income Security Act (ERISA). The complaint for this class action claims, “The law is settled that ERISA fiduciaries have a duty to evaluate fees and expenses when selecting investments as well as a continuing duty to monitor fees and expenses of selected investments and remove imprudent  Read more

Estee Lauder 401(k) Plan Breach of Fiduciary Duty Class Action

The Employee Retirement Income Security Act of 1974 (ERISA) governs retirement plans at larger companies. The complaint for this class action alleges that Estee Lauder, Inc., its Board of Directors, and the Estee Lauder Inc. Fiduciary Investment Committee, alleging that these defendants breached their fiduciary duties to the Estee Lauder Companies 401(k) Savings Plan for  Read more