Lori Prapas

San Francisco, CA When an employee brings a lawsuit alleging that they were not paid for all the time that they were lawfully owed under federal law, employers will frequently raise something called the de minimis doctrine in defense. This doctrine holds that working time that is trivially small, for instance a few seconds or minutes beyond working hours, may be disregarded (and unpaid). Recently, in Troester v. Starbucks, Starbucks attempted to raise this defense to claims brought under California state law, and the California Supreme Court rejected it—finding that a Starbucks shift supervisor should have been paid for work performed before and after clocking out for the day. Now, Plaintiffs in another California unpaid wages lawsuit, Ser Lao v. H & M, have filed a notice of “new authority” to support their claim, citing the Troester decision. The Troester deci

San Francisco, CA Roundup Weed Killer has been used by homeowners, schools, gardeners, and farmers since its development in the 1970s. Its usage has increased exponentially since the 1990s when genetically modified organisms (GMOs) were developed that can survive heavy applications of Roundup, enabling farmers to kill all types of weeds but not the desired crops. In 2015, an arm of the World Health Organization (France-based International Agency for Research on Cancer “IARC”), designated glyphosate, the active ingredient in Roundup, as a probable human carcinogen. Thousands of Monsanto glyphosate lawsuits over alleged Roundup cancer followed. Now Plaintiffs have cleared a crucial hurdle. A judge has ruled that the preliminary opinions of three experts linking glyphosate and non-Hodgkin’s lymphoma were not “junk science,” and should be permitted for

Fullerton, CA According to California’s Division of Labor Standards Enforcement, it is a known problem: construction companies often pay workers a flat rate rather than for all hours worked, in order to evade having to pay workers the rate required under state laws. This is wage theft, and it is a violation of California state labor laws. The state Labor Commissioner’s Office began an investigation into Fullerton Pacific Interiors Inc. (“Fullerton’s”) practices after employees reported the company to a nonprofit labor management organization, Carpenters Contractors Cooperation Committee. The outcome of that investigation was a $1.9 million dollar penalty, to be distributed primarily to the workers who were shorted pay.

San Francisco, CA Several years after a Federal District Court certified a class of 1,400 Virgin America flight attendants who alleged that their employer violated numerous California state labor laws, U.S. District Court Judge Jon S. Tigar has granted them summary judgment. The flight attendants claimed that they were paid based on a “block time” schedule, which would begin when they left the gate, and end when they arrived at the gate. This meant that they were not paid for time spent writing up incident reports before and after flights, undergoing mandatory training, taking required drug tests, and waiting for passengers to board and deplane. They also allege that they were not provided with accurate wage statements. The flight attendants have now prevailed in their motion for summary judgment, and the case will proceed for the limited purpose of establishing exactly how much they are owed.

Los Angeles, CA A group of 11,000 truck drivers filed a California unpaid wages lawsuit back in 2009, alleging that one of the largest trucking and logistics companies in the United States violated California wage law. The parties fought about whether California state law was pre-empted by the more industry friendly federal law. In a victory for the truckers, the U.S. Supreme Court denied J.B. Hunt’s appeal, leaving in place the District Court’s ruling that California law is controlling. As the parties prepare for a fall trial, J.B. Hunt has moved for summary judgment and to decertify the class. Plaintiff truckers have just filed an opposition to that motion, saying that the claims of all 11,000 truckers are similar enough to justify class action status.

New Orleans, LA Unum Group has come under scrutiny yet again for alleged deceptive practices. This time the insurance giant has lost a battle in the Wittmann v. Unum Life Insurance Co. litigation. Plaintiff attorney Anne Wittmann, who alleges that she was wrongfully denied disability benefits, subpoenaed financial records from James H. Bress, M.D., who Unum hired to review her claim. Unum Group fought back, by moving to quash the subpoena. On July 11, 2018, a Federal District Judge in Louisiana Ordered that the records be turned over so Plaintiffs can ascertain whether his opinion was swayed by a financial dependence on the insurance carrier.

Santa Clara, CA Plaintiff Medina Asalati was formerly employed by Intel Corp. as an administrative assistant. She lead a class of over 3,000 hourly Intel employees including admins, clerical workers, janitors, and logistical support specialists in a class action lawsuit that has been resolved for millions of dollars. Intel denies any wrongdoing in the settlement agreement, but the Plaintiffs allege that they were expected to work extremely long hours in a demanding environment without meal and rest breaks. The relatively large $5 million award could make big waves in California Unpaid Wages lawsuit news if and when it is officially approved by the court.

San Diego, CA The California Labor Commissioner’s Office has found that The Cheesecake Factory and its janitorial contractor, Americlean Janitorial Services Corp., engaged in wage theft, withholding millions of dollars that were lawfully earned under California prevailing wage law. Americlean subcontracted the night cleaning work to another company, Magic Touch. It is not uncommon for California employers to rely on multiple layers of contractors and fluid entities to perpetrate wage theft, particularly in all-cash enterprises like the janitorial industry. However, Cheesecake Factory and Americlean have been found equally liable for the workplace violations of subcontractor Magic Touch under California Assembly Bill 1897, which holds employers liable for the violations of their contractors.

Greeneville, TN: On May 14, 2018, Janet Mitchell, a former employee of the mega law firm Jones Day, filed a lawsuit against both Unum and Jones Day in a Tennessee Federal Court. Mitchell states that she suffers from a constellation of health conditions that prevent her from being able to work, including coronary artery disease, fibromyalgia, osteoarthritis, hypertension, and chronic obstructive pulmonary disease. She alleges that Unum denied her claim for long-term disability benefits even though several of her treating physicians provided Unum with medical reports supporting her claim. Yet Unum denied her claim without ever having one of its own physicians examine her. The lawsuit says the denial was issued in bad faith, in order for Unum Provident to meet its monthly target.

San Jose, CA: On May 20, 2018, an Acura TL driven by a 16-year-old unlicensed driver jumped a curb on Highway 101, and skidded down an embankment before it was struck by another vehicle, killing a teen passenger. One week later, on Memorial Day, a stolen car driven by a 13-year-old was fleeing San Jose police when it collided with another vehicle in a head on crash, critically injuring one passenger and harming four others. California is notorious for its high rate of uninsured drivers, resulting in a large number of California car accidents. Accidents with an uninsured driver can result in the uncertainty of whether one’s injuries and property damage will be compensated, and if so, how?