Cigna Faces Class Action Lawsuit Alleging Wage and Hour Violations

A California wage and hour class-action lawsuit alleges Cigna Health and Life Insurance Company failed to pay employees accurately. 

Did Cigna Fail to Provide Workers Minimum Wage and Overtime?

According to the wage and hour class action, Cigna violated numerous California Labor code provisions when they allegedly failed to provide accurate pay and overtime pay. California state law protects workers against employers who try to increase profits by underpaying their workers, requiring unpaid work (i.e., mandatory unpaid training, off-the-clock work, etc.), or failing to calculate overtime pay accurately. Blumenthal Nordrehaug Bhowmik De Blouw LLP filed the class action complaint (Case No. 283609) that is now pending in the Tulare Superior Court of the State of California. 

Cigna Allegedly Failed to Pay Minimum Wage & Overtime Wages

The class action complaint outlines multiple violations of California Labor Law: 

1. Failure to pay minimum wage

2. Failure to accurately record and provide employees with mandatory meal breaks and rest periods

3. Failure to provide employees with accurate itemized wage statements

4. Failure to reimburse workers for required business expenses

5. Failure to provide wages to workers when due

Additional Allegations: Did Cigna Commit Acts of Unfair Competition? 

The Cigna class action also alleges that the health and life insurance company committed acts of unfair competition that violated California’s Unfair Competition Law. For example, according to the class action, the company allegedly held a company-wide policy and standard procedure that failed to accurately calculate and record the correct overtime pay rate for workers. As a direct result of inaccurate overtime pay calculation standards and processes in place at Cigna, the company also allegedly failed to provide accurate overtime pay to workers. 

What Happens When California Employers Violate Labor Law? 

Most California businesses are subject to several regulatory and legal requirements (Federal, state, and local levels). The labor law requirements are designed to protect America’s workers. The state of California takes employment laws seriously, even when complying with the law may be difficult for California employers, so violating labor law can result in severe consequences for California employers.                              

If you need help collecting unpaid overtime, or if you need to file a California overtime pay lawsuit, get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Workplace Dangers in Meatpacking Industry Increase Amid Covid-19 Pandemic

Meatpacking workers typically work eight-hour shifts, six days a week, and are frequently injured on the job. Common injuries lead to knee replacements, shoulder injuries, nerve damage, and many other health issues. Workplace injuries are abnormally high in the meatpacking industry (i.e., an average of two amputations occur each week). Workers are almost 10x more likely to die on the job than workers in other industries. The effect of the Covid-19 pandemic only increased the risks of working in the meatpacking industry.

The Effect of Covid-19 on the Meatpacking Industry:

Meatpacking plant supervisors sped up production lines in response to the increase in sick days taken by regular employees as Covid-19 spread throughout the state. Employees who couldn’t keep up with the increased production rate and those who were unable to put in overtime hours were disciplined or fired. Meatpacking industry workers not only fear exposure to the virus, but they fear being injured as they are expected to increase production amid increased employee shortages.  

LA’s Meatpacking Industry Shows 2nd Highest Number of Infections After Nursing Homes:

Fifty-three thousand food workers throughout the nation tested positive for Covid-19 since April 2020, and more than 200 of those died due to Covid-19. Most of them worked in the meatpacking industry. LA’s meatpacking industry showed the second highest number of Covid-19 infections, second only to nursing homes. The numbers may be higher since some businesses are slow to report positive cases, delay testing employees, and fail to report apparent outbreaks to the appropriate organizations.

Foster Farms Meatpacking Factory Outbreak: Accurate Reporting for Employee Safety

The Foster Farms factory was shut down so they could conduct a deep cleaning after officials discovered that eight Foster Farms employees died after they got the virus. Three hundred fifty-eight other employees tested positive for Covid-19. However, Foster Farms reported only one Covid-19 death in 2020. An internal memo noted a contradictory total of nine Covid-19 employee deaths in 2020. Employers are legally required to report work-related severe injuries, illnesses, or deaths, yet the Livingston Foster Farms facility failed to do so. As of August 2020, Cal/OSHA received reports of 122 fatalities and 494 injuries or illnesses related to Covid-19. Many believe the numbers are significantly higher due to failures to report accurately similar to the Livingston Foster Farms facility situation.

If you have questions about California labor law violations or how employment law protects you against the adverse effects of the Covid-19 pandemic, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago. 

$3.6 Million Settlement to Resolve Sherwin-Williams Wage and Hour Claims

Managers and associates of Sherwin-Williams banded together to file claims against their employer alleging failure to pay overtime, provide required meal breaks and rest periods, and other California labor law violations in Anderson v. The Sherwin-Williams Company No. 5:17-cv-02459 (C.D. Calif. May 12, 2020). As a result, Sherwin-Williams Company will pay $3.65 million to settle the claims.  

A Brief Outline of the Case: Anderson v. The Sherwin-Williams Company

Workers in the case allege that he paint store not only did not pay proper overtime, and provide mandatory meal breaks and rest periods, but that they also failed to completely reimburse work expenses. Approximately 5,700 Sherwin-Williams workers are included in the settlement class according to court documents.   

A History of the Case: Anderson v. The Sherwin-Williams Company

Plaintiffs in the case filed suit under California law, but in this type of case, the federal Fair Labor Standards Act (FLSA) is often violated. The case includes the type of common allegations that frequently result in large settlements – like the one Sherwins-Willimans proposed to resolve the claims. 

Common FLSA Violations: Meal Breaks

Meal Breaks: Failure to keep track of, provide, or authorize meal breaks as required by law is responsible for many wage and hour related claims, even more so when they involve automatic deductions. For instance, some employers automatically deduct the 30 minutes from their worker's pay as if they always take their rest period, but do not actively ensure that the workers actually take the time off (or even actively make it possible for them to take the mandatory meal break or rest period). According to labor law, workers are supposed to be provided with meal breaks and rest periods during which they are not working.  

Off the Clock Work: Automatic deductions for breaks/rest periods are not prohibited, but employers are required to provide employees with payment for all hours worked, so if deductions are made, but employees are not taking the time off work, they are not being paid for their time. Additionally, employers are required to keep accurate records of all hours worked, so if breaks are recorded, but not taken, records being kept are inaccurate. Off the clock work is a common FLSA violation that leads to many off the clock wage and hour lawsuits. 

Overtime Pay: Another common FLSA violation is failure to provide accurate overtime pay for workers who are working more than full time. FLSA obligates employers to pay their nonexempt workers time and one-half for all hours worked beyond 40 in one workweek. 

If you need to talk about employment law violations, or if you need to file a California wage and hour lawsuit, we can help. Get in contact with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Did Raising Covid-19 Concerns Lead to a California Woman's Wrongful Termination?

When the ad agency she worked for introduced a cruise line campaign amid the Covid-19 pandemic, Tiffani Harcrow was concerned. As a responsible employee and human being, she voiced those concerns. For doing so, Harcrow claims she was fired. 

Omelet Ad Agency Faces Wrongful Termination Lawsuit:

Tiffani Harcrow is a former employee of Omelet, an ad agency out of Culver City, California. Harcrow claims she was fired because she voiced her concerns about the agency's upcoming campaign to promote Princess Cruise Lines as "safe for travel" amid the pandemic. She didn't feel comfortable with the way the project minimized the risk of Covid-19, and felt it would be wrong to take part in the Princess Cruise Line ad campaign because it was misleading. Harcrow was fired in May 2020.

Harcrow Alleges Various Employment Law Violations:

The Plaintiff in the case, Harcrow, is 33 years old and was hired in May 2018 to fill the Associative Creative Director position at Omelet. During her time on the job, she received "glowing" work evaluations, and was regularly described as an all-star receiving praise from top professionals in the creative industry. Harcrow is now suing Omelet, her former employer and Culver City ad agency, alleging wrongful termination, retaliation, intentional infliction of emotional distress, and unfair business practices. Harcrow's suit seeks unspecified compensatory and punitive damages. Harcrow claims she was wrongfully terminated in May 2020 because she voiced her concerns questioning the honesty of the Princess Cruise Lines assignment at Omelet LLC and vocalized concerns that the campaign actively minimized the potential health threat of coronavirus. 

Retaliation for Voicing Concerns About the Misleading Campaign:

The retaliation Harcrow allegedly experienced in response to making her concerns about the project clear are classic whistleblower retaliation. In this particular instance, the whistleblower retaliation took place amid a worldwide crisis when an unprecedented virus swept the globe creating a global (deadly) health pandemic. Omelet did not respond to the media's request for comment after Harcrow filed suit, and Princess Cruises is not listed as a defendant in the case. 

Standing Up to Unreasonable Demands in the Workplace:

In April, when Omelet insisted that Harcrow lead her team in developing what she claims was a "materially false" Princess Cruise Lines marketing campaign that would be both misleading and dangerous amidst the global pandemic, she couldn't do it. The agency insisted they wanted her to create an aggressive marketing campaign that she saw as obviously designed to mislead consumers and create the misleading impression that it would be safe to travel on Princess Cruise ships on June 30th, even though evidence did not support this claim in any way. An ad agency briefing from April 22nd, 2020 spells out the client's own alleged objective to mislead their target market into believing the cruise ships were safe for travel. At that same time, Harcrow and other employees at Omelet ad agency knew official government agencies were already investigating the alleged failure of the cruise industry to protect passenger and cruise staff safety amid the pandemic. On March 14th, U.S. Centers for Disease Control issued a no-sail order that suspended all cruise line operations for 30 days. The following month, the no-sail directive was renewed through July 24th, 2020. While all evidence seemed to support Harcrow's concerns, he agency stood by their decision to urge the public to accept the cruise line as safe for travel. When Harcrow disagreed, she was allegedly terminated from her position.

If you need to discuss employment law violations in the workplace or file a wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Mistra Allegedly Fails to Provide California Workers with Required Meal and Rest Breaks

Mistras Group, Inc. is facing an employment law lawsuit alleging California Labor Code violations. The class action complaint was filed in July 2020 in Los Angeles, (California Case No. 20STCV22485). 

The California Class Action Complaint Alleges Numerous Employment Law Violations: 

The July 2020 complaint filed in Los Angeles, California alleges numerous employment law violations. Mistras Group, Inc. allegedly violated various California Labor Code provisions when they failed to provide their workers with mandatory meal breaks and rest periods, and when they failed to reimburse workers for required business expenses. 

California Class Action Complaint Alleges Failure to Provide Meal and Rest Breaks:

According to the lawsuit, Mistras Group, Inc. failed to provide their California workers with mandatory meal and rest breaks. According to California wage and hour law, employers are required to provide their nonexempt employees with a thirty minute lunch or meal break when the worker's shift is longer than five hours in one day. California employers are also required to provide employees with mandatory rest periods or breaks equaling ten minutes for every four hours worked in a day. 

California Employment Law Class Action Currently Pending: 

The California employment law class action is currently pending in the Los Angeles Superior Court of the State of California. Plaintiffs allege that the employer failed to provide their workers with accurate itemized wage statements, failed to keep an accurate record and provide mandatory meal breaks and rest periods, failed to pay overtime, failed to pay minimum wage, failed to reimburse employees for necessary business expenses, and failed to provide wages to employees when they were due. All of the alleged practices are serious violations of California labor law. 

Additional Allegations Cite Unfair Competition in Violation of California Law:

The same complaint claims that Mistras Group, Inc. engaged in acts of unfair competition that violated California's Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200, et seq. (the "UCL"). The plaintiffs allege that their employer used company wide policies and procedures that failed to accurately record overtime hours worked, and failed to accurately calculate overtime pay rates for the plaintiffs and other California class members in similar circumstances. Additionally, the plaintiffs claim that the Defendant, Mistras Group, Inc., willfully disregarded their legal obligation to meet this burden, and that as a result of the California employer's intentional disregard of California employment law, workers were not paid provided the required compensation for all the hours they worked. 

If you need to discuss overtime violations or if you need to file a California overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

California Mom Working from Home Claims Employer Fired her for Noisy Kids

A California mom recently filed an employment law complaint suing her former employer. Drisana Rios, a former insurance account executive, was working from home due to the Covid-19 pandemic. Rios claims she was terminated from her position because her kids were noisy while she took work phone calls.  

Was California Mom Fired Because Her Kids Were Noisy While Working from Home? 

Rios is now suing her former employer claiming gender discrimination and wrongful termination. Rios claims that she was told that the kids could be heard on business calls with clients and it was unprofessional. In Rios' complaint, she alleges that coronavirus closures in her area left her with no childcare options for her two children, a 4-year old and an infant. During the forced work from home stint, Rios was juggling nursing, nap schedules, and children's lunches while trying to complete her work – all at the same time because her boss insisted on scheduling work calls during the lunch hour. Rios claims she suggested afternoon calls to her boss and even made it clear that her schedule allowed for afternoon calls, but he continued to schedule the calls during the lunch hour while regularly complaining about hearing noise from the children in the background. 

Juggling At Home Life and Work Life in One Space During Covid-19 Business Closures: 

Rios described her time working from home with her two young children as a time when she was working very hard – she was meeting the deadlines even if that meant she was working at night too to make up for anything that needed to get done before she started work the next day. When the media reached out to Rios' employer, HUB International, they said that while they didn't comment on pending litigation, they were proud that they had successfully transitioned 90% of their over 12,000 employees who were able to work from home for their own and the public's safety during the Covid-19 pandemic. 

Experts Chime in on Parents, Expectations, and Working from Home During Covid-19:

Experts hearing more and more cases similar to Rios' are reminding parents that they might need to renegotiate expectations while they're working from home without access to childcare. Set yourself up for success in a new "work from home" stage by designating boundaries. Decide what you need to do to be successful in a work from home environment, identify what your employer needs from you, and what your family needs from you. And remember that you may be surprised by how many people on the other end of your business phone call, or web conference, or zoom meeting are dealing with very similar situations. It's easy at any time for working parents to feel like they're failing at everything, but it's a particular problem during the pandemic. Some qualifying employees consider options offered through the Families First Coronavirus Response Act. 

What Is the Families First Coronavirus Response Act? 

The act provides caregivers with the option to take leave if they need to care for a child whose childcare provider or school is unavailable or closed due to Covid-19. The act allows qualifying parents to receive full or partial pay for as many as 12 weeks. 

If you need to file a wrongful termination lawsuit or if you need to discuss other employment law violations, don't hesitate to get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

California Files Serious Employment Law Allegations Against Disney

A former African-American Disney employee filed a lawsuit in June 2020 against Disney. The 57-year old California man claims discrimination and harassment, workplace retaliation, and wrongful termination. 

Disney Faces Serious California Employment Law Allegations: 

Douglas Keith Harris, a former California Disney employee, filed a lawsuit against the happiest place on earth. Harris claims he experienced discrimination, harassment, and retaliation due to his veteran status, his age (57 years old), disability, and race (African-American). Harris also claims wrongful termination. Disney allegedly terminated Harris' 32-year career abruptly after one unfounded accusation from a co-worker.  

Plaintiff in California Employment Law Case Seeks Unspecified Amount: 

Harris filed an employment law suit seeking an unspecified amount of compensatory and punitive damages against his former employer out of Los Angeles, California, Disney. According to the lawsuit, Harris's long term career at the company was ended abruptly when Disney fired him after one of his coworkers made a false accusation. 

Can One False Accusation Lead to a Longterm Employee's Termination? 

One of Harris' coworkers at Disney accused him of brandishing a gun at work. Harris, who insists the accusations are false, also claims there was no evidence he actually had a gun at work. Harris' complaint was filed in Los Angeles Superior Court. 

A History of Harassment on the Job: Hostile Work Environment 

In Harris' complaint, he describes what many might call a hostile work environment leading up to the eventual allegedly false accusation and termination. Harris claims his younger superiors on the job frequently: 

• Ridiculed him for being deaf in one ear

• Encouraged him to retire in a derisive manner that dismissed him due to his age

• Abused their power over him at work

• Abruptly changed his schedule to the graveyard shift post-surgery

Employee's Complaints About Harassment and Discrimination Silenced:  

Harris' complaints about the harassment and discrimination were abruptly silenced when his coworker accused him of bringing a gun to work to show a coworker. When he coworker made the allegedly false accusation, Disney did not approach Harris, but notified the local authorities immediately who conducted a thorough search of Harris' car and on-site belongings. No weapons were found. Following Harris' insistence that he did not bring a gun to work, Disney suspended him. Harris claims Disney treated him, a longterm, dedicated employee, like a criminal and that due to their treatment he suffered extreme emotional distress. After one week of suspension, Disney fired him. 

If you have questions about workplace discrimination or if you need to file a wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.