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Wynn Employees Sue Over Tipping and Smoke

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Wynn Employees Sue Over Tipping and Smoke

By Matt O'Donnell

 

Wynn Resort(LEGAFI) -- The Wynn Resort in Las Vegas is the target of two separate class action lawsuits by employees over its new tipping policy and -- surprisingly -- its dangerous levels of second-hand smoke.

 

The first class action lawsuit was filed by nightclub workers at the Wynn Las Vegas, who are challenging the recent state labor commissioner policy that requires casino employees to share their tips with managers. The employment class action lawsuit, which represents workers at Wynn’s Tryst and XS nightclubs, alleges that the new policy violates the contract between Wynn and the Culinary Union, since Wynn is allegedly forcing union-covered employees to pool their tips with those in management. The nightclub employees are seeking a permanent injunction barring Wynn from continuing the mandatory tip pooling policy and an accounting for all the money that the employees shared with management, along with requiring that all the “misappropriated gratuities” be returned to union members.

 

The second Wynn lawsuit was just given the go-ahead to seek class-action status after a district court judge denied a motion by Wynn Resort’s attorneys to dismiss the complaint. The lawsuit, which was filed over a year ago by Wynn dealer Kanie Kastroll, accuses the resort of creating an unsafe work environment due to second-hand smoke. Wynn tried to argue dismissal of the case on the grounds that the resort has no duty, under Nevada law, to protect employees from the dangers of second-hand smoke, but was denied. Kastroll’s lawyer said he plans on filing for class action status within 90 days.

 

“I think this ruling is not just a victory in the Wynn case, but for employee rights around the country,” her lawyer said.

 

It’ll be interesting to see the outcome of these two Wynn class action lawsuits because they could set the precedent for other Las Vegas casino employees who wish to bring similar charges against their employers.

 

 

Updated November 22nd, 2010

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Kaiser Employees Win Overtime Class Action

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Kaiser Employees Win Overtime Class Action

By Sarah Pierce

 

Kaiser Foundation(LEGAFI) -- Approximately 500 people who worked as information technology employees at Kaiser Foundation Hospitals have won a class action lawsuit settlement for being misclassified as exempt from overtime pay. The $2.91 million Kaiser  settlement, which was recently granted final approval by a California federal court, includes the settlement fund for class members’ claims, payments under California’s Private Attorney General Act (PAGA), attorneys’ fees, and other related costs.

 

According to the Kaiser overtime class action lawsuit, entitled Smith et. al, v. Kaiser Foundation Hospitals, Inc., employees who worked as Business Application Coordinators and Analysts for the hospital between 2004 and 2009 were misclassified as exempt under both the Fair Labor Standards Act and California law, and denied overtime pay for working through lunch periods and working in excess of 40 hours per week, 8 hours per day or on the seventh consecutive day of a workweek. The primary duties of these employees was to provide training and technical support to hospital staff in connection with Kaiser’s HealthConnect computer system, which was installed as part of a procedure called “GoLive.” During the “GoLive” procedure, team members traveled to Kaiser facilities in Northern California for month-long durations. During these deployments, the Kaiser class action says, these employees worked more than 8 hours a day and more than 40 hours a week, and were often unable to take meal or rest breaks. They were also required to deliver training sessions during their lunch periods called “Lunch & Learns,” were required to remain on-call without additional compensation, and were required to remain within 30 minutes of their work premises in case on-site technical support was needed.

 

After payment of attorneys’ fees, costs, named plaintiffs’ enhancement awards and the PAGA payment, the settlement fund available to class members of the Kaiser Business Application Coordinator and Analyst Overtime Class Action Lawsuit Settlement will be approximately $2.07 million.

 

 

Updated November 19th, 2010

All updates are located in the Lawsuit News section of Legafi. 

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Bristol-Myers Squibb Pharma Rep Class Action

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Bristol-Myers Squibb Pharma Rep Class Action

By Mike Holter

 

Bristol-Myers Squibb

(LEGAFI) -- A former pharmaceutical rep for Bristol-Myers Squibb has filed a federal class action lawsuit against the company, charging the drug giant with illegally denying him and other pharma reps overtime compensation.

 

Plaintiff Jeffrey Bethune alleges in the Bristol-Myers Squibb class action lawsuit that he regularly worked over 40 hours a week but received an annual salary without overtime pay. Under the federal Fair Labor Standards Act, employees must be paid time-and-a-half overtime when they work more than 40 hours a week, unless they are specifically exempted, such as an “outside salesperson” or “administrative” exemption. Bethune claims in the class action that he was strictly controlled in his job of communicating Bristol-Myers Squibb’s company message to certain doctors and did not fall within any of these exemptions.

 

The filing of the Bristol-Myers Squibb pharmaceutical rep class action follows a number of landmark decisions in other pharma rep overtime class action lawsuits and written opinions by the United States Department of Labor.

 

“The U.S. Department of Labor recognizes that pharmaceutical reps are not exempt from overtime pay,” said the attorney representing Bethune and the Bristol-Myers Squibb class, adding that the DOJ has filed several briefs in support of overtime compensation for pharmaceutical reps working more than 40 hours a week.

 

The plaintiff’s attorney further explained that the precedent for the Bristol-Myers Squibb overtime class action was set in the U.S. Court of Appeals for the Second Circuit -- the same court that ruled earlier this year that Novartis pharma reps were entitled to overtime compensation on the same grounds alleged against Bristol-Myers Squibb, and that also issued a similar ruling in a pharma rep class action lawsuit against Schering Plough.  Other district courts in Connecticut and Illinois have issued similar rulings in cases brought by pharmaceutical reps against Boehringer Ingelheim and Abbott.

 

“Our view is that Mr. Bethune and other Bristol-Myers Squibb pharmaceutical reps are owed a lot of money for the often extraordinarily long hours they work with no additional compensation,” the plaintiff’s attorney added. “This is a chance to achieve justice for Bristol-Myers Squibb reps.

 

The Bristol-Myers Squibb pharmaceutical rep overtime class action lawsuit is filed on behalf of Bethune and all other pharma reps that worked for Bristol-Myers Squibb during the last three years, anywhere in the United States.

 

 

Updated November 18th, 2010

All updates are located in the Lawsuit News section of Legafi. 

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Various Trademarks held by their respective owners

 
Bayer Settles One-A-Day Men's Lawsuit

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Bayer Settles One-A-Day Men's Lawsuit

By Matt O'Donnell

 

One A Day Men's

(LEGAFI) -- Three states have reached a $3.3 million settlement with Bayer over its “totally unsubstantiated” marketing claims that its One-A-Day Men’s multivitamins reduce the risk of developing prostate cancer. The One-A-Day vitamin settlement could lead to future class action lawsuits against Bayer for false and deceptive advertising.

 

The recently settled One-A-Day vitamin lawsuit alleged Bayer used fear of prostate cancer as a deceptive form of advertising and knew, or should have known, that it’s marketing campaign for its One-A-Day Men’s Health Formula and One-A-Day Men’s 50+ multivitamins was misleading and deceptive. The ads, launched in 2008 as part of Bayer’s “Strike Out Prostate Cancer” campaign, claimed that “emerging research” suggested the mineral selenium contained in the multivitamins might reduce the risk of prostate cancer. These advertising claims were made despite an October 2008 clinical trial by the National Institute of Health that confirmed selenium does not reduce the risk of prostate cancer, the lawsuit said.

 

As part of the One-A-Day selenium settlement, California, Illinois and Oregon will receive about $1 million each. Bayer has also agreed not to make any future claims about the health benefits of One-A-Day Men’s multivitamins or other multivitamins unless those claims are backed by reliable scientific evidence and comply with federal regulations. 

 

Bayer is no stranger to lawsuits over deceptive advertising. In 2009, Bayer was forced to stop its deceptive advertising campaign for the oral contraceptive Yaz, which Bayer claimed could treat acne and PMS symptoms. Bayer spent nearly $20 million to run corrective advertising about Yaz, just three years after it paid over $3 million in fines to the Federal Trade Commission and the Department of Justice for making false weight-loss claims about its One-A-Day vitamins.

 

 

Updated November 17th, 2010

All updates are located in the Lawsuit News section of Legafi. 

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Various Trademarks held by their respective owners

 
Medieval Times Employee Class Action

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Medieval Times Employee Class Action

By Kimberly Mirando

 

Medieval Times

(LEGAFI) -- California employees of Medieval Times have started a jousting battle with their employer, alleging in a class action lawsuit that the company stiffs workers out of pay, doesn’t provide meal and rest breaks, makes them pay for their uniforms and equipment, and makes them work off the clock.

 

Lead plaintiff Susana Ramirez filed the class action lawsuit on behalf of herself and all other current and former California employees of Medieval Times USA, Inc. who have worked for the company within the past four years.

 

The Medieval Times class action lawsuit charges a long laundry list of labor law violations against the company, including:

 

Failure to provide required rest periods

Failure to provide required meal periods

Failure to pay overtime compensation

Failure to provide accurate statements and maintain required records

Failure to pay minimum wage

Failure to pay all wages due to discharged or quitting employees

Unlawful business practices

Unlawful collection or receipt of wages previously aid and failure to indemnify for expenditures in discharge of duties

Failure to pay premium for split shifts

Failure to pay reporting time wages

 

Under California law, employers are required to provide employees an uninterrupted 10-minute break for every four hours worked, or else pay one extra hour of compensation for each day a 10-minute rest period is not provided. Similarly, employers are also required to provide an uninterrupted 30-minute meal break to any employee who works a shift of more than 10 hours, and a second uninterrupted 30-minute meal period to any employee who works more than 10 hours, or else pay on extra hour of compensation for each missed or incomplete meal period their employee is entitled to receive. California law also requires employers to provide uniforms and equipment free of charge, which Medieval Times allegedly failed to do.

 

The Medieval Times class action lawsuit is seeking to recover, among other things, unpaid wages and expenses, all wages due to discharged or quitting employees, reimbursement for illegal deductions, interest, attorneys’ fees, and more.

 

A copy of the Medieval Times Employee Class Action Lawsuit can be read here.

 

 

Updated November 16th, 2010

All updates are located in the Lawsuit News section of Legafi. 

LEGAL INFORMATION IS NOT LEGAL ADVICE

Legafi Legal Statement 

©2010 Legafi™

Various Trademarks held by their respective owners

 
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