California Class Action Lawsuit Claims California Wineries are Lacing Products with Arsenic

April 8, 2015 -Many California wine lovers may be eyeing their favorite local wines with a more suspicious eye after recent accusations that 28 different California wineries are generating arsenic-laced products for the public. The class action lawsuit against the low-cost winemakers was filed earlier this month alleging that they were selling wines containing high levels of a known carcinogen: inorganic arsenic.

This alleged action would be in violation of California state law in which it prohibits knowingly producing, marketing and selling wine contaminated with arsenic. The 28 wineries are also accused of failing to provide consumers with a warning of the potential danger of their products. This is also a violation of California state law.

If you’re wondering if you harbor any of the potential offenders in your own wine collection you may want to be aware of the following brands of wineries included in the lawsuit: Glen Ellen, Beringer, Charles Shaw, and Sutter Home. In the lawsuit, it states that there was an independent testing completed by BeverageGrades out of Denver, Colorado. The lab completed tests for 1,306 different wines with 83 of them with “elevated” arsenic levels. The tests were initially completed in order to determine what the wines were “made of,” but after results were received they could only be described as very disturbing.

The Wine Institute, as a representative of over 1,000 wineries, responded to accusations saying that the allegations were “false and misleading.” They continued their statement to define arsenic as a natural element in the environment all around us: in our air, water, food and soil. Wines, as an agricultural product, will naturally contain trace amounts of arsenic (as do juices, vegetables, grains, etc.) They also stressed that there is no valid research that shows that the trace amounts of arsenic found in agricultural products such as wine pose a health risk for consumers. 

The lawsuit does not request specific financial recompense. Instead it seeks civil penalties and damages. For additional information on southern California class action lawsuits contact Blumenthal, Nordrehaug & Bhowmik. 

Recruiting Manager Files Overtime Suit Against Robert Half

On September 5, 2014, a California recruiting manager filed an overtime suit against Robert Half International Inc. The recruiting manager, Theresa Daniels, worked at Robert Half as a recruiting manager from January 2014 through June 2014. She filed suit in San Mateo County Superior Court in California.

The suit filed by Ms. Daniels made a number of claims, including:

• The company misclassified her and other, similar employees as exempt from overtime.
• She and other, similarly classified employees, did not have managerial duties that would classify them as exempt from California overtime laws.
• She and other, similarly classified employees, did not have managerial authority.
• She and other, similarly classified employees, had only a minimal role in supervising employees and not authority to make employment related decisions regarding other employees.
• All recruiting managers, Theresa Daniels included, were strictly monitored and tightly controlled by both the company policy and their direct supervisors.

The suit seeks class action status and back overtime pay for unpaid wages.

Robert Half indicated that there are meritorious defenses to the allegations being made by Ms. Daniels and they will be defending themselves against litigation.

If you or someone you know are misclassified as exempt – preventing you from receiving the overtime pay you are entitled to at work, please contact your southern California employment law experts right away: Blumenthal, Nordrehaug & Bhowmik.

Preliminary Approval on Uncapped Settlement of Another NFL Concussion Lawsuit

U.S. District Court Judge Anita B. Brody rejected the previous $765 million concussion settlement between the NFL and former players with head trauma who were suing the league, but she offered preliminary approval of the more recent settlement produced saying the NFL would uncap the payments to former players suffering debilitating systems. The first settlement was thrown out because Judge Brody felt that the $765 million would be insufficient to cover the lifetime of the 65 year settlement. Her preliminary approval of the new settlement left the former players another step closer to receiving payment from the NFL. 

The plaintiffs are pleased with the preliminary approval and state that the settlement for retired NFL players and their families is extraordinary. It would apply to those suffering from neuro-cognitive illnesses today to any who suffered head injury without current signs of major damage, but who fear serious symptoms could develop in the future. The settlement would provide guaranteed benefits and long-term security. They look forward to finalizing the agreement.

The NFL’s response was to offer gratitude to Judge Brody for her guidance and thoughtful approach to the serious issues being addressed. They state that they will work with the plaintiffs’ counsel in order to implement the terms of the settlement as per the Court’s final decision.

According to the terms outlined for the compensation program, funds would be established and retired players would qualify to use the funds if they were to develop a qualifying neurocognitive condition. The plaintiffs now have 90 days to opt out or challenge the settlement. At that point in time Brody will be able to give her final approval of the settlement agreement.

For additional information or to ask questions regarding employment law please contact the experts at Blumenthal, Nordrehaug & Bhowmik.