We reported last month on the decision by the 7th Circuit Court of Appeals in Dewitt v. Proctor Hospital in which the court allowed a claim by a plaintiff who contended that she was fired because of her husband’s high medical bills. In a similar case decided this week, the 8th Circuit Court of Appeals… Read More
Posts Categorized In: Current Affairs
Boeing Joins List of Companies Seeking Pension Changes
Boeing this week added itself to the list of companies that are phasing out defined benefit pension plans. In negotiations with its unions, Boeing is proposing that all new employees be enrolled in a 401(k) type plan supplemented with contributions by Boeing. The proposal is not surprising. Many companies are working to replace their pension… Read More
Subrogation and Reimbursement of Overpaid Benefits Under ERISA Plans
Recent court cases have highlighted the thorny issues that arise when a benefit plan enforces its subrogation rights or seeks reimbursement of overpaid employee benefits. Plan administrators have faced uncertainty about subrogation and reimbursement claims in the wake of the Supreme Court rulings in Sereboff v. Mid Atlantic Medical Services, Inc., 547 U.S. 356 (2006)… Read More
FLSA Misclassification and Overtime in Retail Jobs
C.R. Wright of Fisher & Phillips LLP recently posted this useful article on Fair Labor Standards Act litigation in retail jobs. The article notes a huge increase in overtime cases under the Fair Labor Standards Act and state wage and hour laws. (Indeed, many such cases have been filed here in Washington, including one that… Read More
Wage Class Action Settled for $5.25 Million
The City of Colorado Springs agreed to pay police officers $5.25 Million in a wage and hour class action lawsuit. The suit concerned the classification of Sergeants as exempt employees under overtime laws and the time spent by police officers before and after their scheduled shifts — off-the-clock “donning and doffing” activities. Articles about the… Read More
Starbucks Baristas Awarded $106 Million for Wage Claims
Last week, we wrote about the wage claim class action concerning the tip jar at Starbucks stores in California. A class of an estimated 120,000 Starbucks baristas requested pay for their fair share of money from the tip jar. The court has awarded $105 million. The suit alleged that store managers and supervisors shared in… Read More
HIPAA and Britney Spears
We could not pass up an opportunity to mention Britney Spears here on our blog. As reported in this article, UCLA Medical Center is imposing discipline against 13 employees who looked at Britney’s medical records without permission. This seems to be a trend. As reported here, 27 employees at Palisades Medical Center in North Bergen,… Read More
“Tens of Millions” from the Starbucks Tip Jar?
How much money is there in a coffee house tip jar? A trial is underway in San Diego to find out. The court will be asked to award damages to employees who allegedly were denied a fair share from the tip jar at Starbucks. The class action on behalf of an estimated 120,000 Starbucks baristas… Read More
Constructive Discharge Claim Dismissed by Washington Court
Yesterday, Division III of the Washington Court of Appeals issued an “unpublished” opinion addressing constructive discharge under Washington law. The decision does not break any new ground in Washington employment law, which why it is unpublished, but it is worthwhile to observe what is not a constructive discharge. The employee argued constructive discharge after he… Read More
$46,000 In Attorney's Fees for $44 in Unpaid Wages?
In most states, including Washington, an employee who wins a lawsuit for unpaid wages is entitled to reasonable attorney’s fees. As most employers know, a getting sued for unpaid wages brings additional risks that the company must pay the unpaid wages plus substantial attorney fees, which fees could in many cases be more than the… Read More