Hertz is accused in a new class action lawsuit of charging their gold members excessive administrative fees each time their gold members go through toll booths without paying the toll. The case is Edward Schwartz v. The Hertz Corp. in USDC Central District of...
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FDA Preempetion In Food Litigation
Since the FDA’s proposed rulemaking in 2013, manufacturers already started phasing out the use of certain active ingredients in antibacterial washes, including triclosan and triclocarban. Manufacturers will have one year to comply with the rulemaking by removing...
Do Employers Need To Provide Suitable Seating To Employees: Kilby v. CVS – California Supreme Court Ruling in Seating Case
After losing their motion for class certification, defendants moved for msj, the crt granted, plaintiffs appealed. The Ninth Circuit requested clarification from the California Supreme Court on the proper interpretation of three areas of the suitable seating...
Should College Athletes Be Paid? NCAA & PAC-12 Class Action Lawsuit
Lamar Dawson thinks so. The former University of California linebacker filed a class action complaint this week alleging that the NCAA and PAC-12 should compensate college athletes because the athlete meet the definition of “employees” under federal and California...
PAGA “Pick-offs” Not Likely To Pass Muster
I. QUESTIONS PRESENTED Under California law, may a Defendant company settle with individuals who are part of a class action suit filed under the Private Attorney General Act (PAGA)? II. BRIEF ANSWER It is unclear because there is no case law on point. However, recent...
Rental Credit Wage Laws – Property Managers
QUESTION PRESENTED: (1) Whether a property management company is allowed to compensate a property manager and/or maintenance personnel with rental credit instead of wages, in spite of substantial hours worked, minimum wage hours and lack of an agreement that provides...