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New York Insurance Bill Addresses Bad Faith Insurance Practices
Albany, NY On May 18, New York Senate Bill 6813 (S6813) was referred to the Senate Insurance Committee. If enacted into law, it would add a new Section 2601-a to the New York Insurance law. Proponents of the legislation see an opportunity to address the problem of insurance companies’ bad faith insurance claim practices. Detractors predict the opening of the proverbial floodgates to insurance lawsuits. Similar legislation has died in committee before.

One Fair Wage Slams Darden Restaurants’ Wage Practices
Oakland, CA One Fair Wage (OFW), a national advocacy organization, filed a lawsuit in the Northern District of California that challenges Darden Restaurants’ policy requiring payment of the lowest legally permissible wages to servers and other employees who receive tips. Under California prevailing wage law employers of 25 or fewer workers, including tipped workers, must pay the workers at least $13 per hour. Employers of 26 or more employees must pay all workers at least $14 per hour. Local minimum wages may be higher. Unlike some other states, California labor law does not permit employers to offset tips from customers against their own legal obligation to pay the minimum wage. For brevity’s sake, this is often referred to as the “tip credit.”

Zantac Breast Cancer Lawsuit
Los Angeles, CA On April 19, Marina Golden filed a Zantac cancer lawsuit in California state court, alleging that her years’ long use of Zantac caused her 2014 diagnosis of breast cancer. Her lawsuit seeks punitive and exemplary damages to punish the defendant manufacturers and retailers for their wrongful acts as well as compensatory damages in recognition of the harms that she suffered.

Cannabis Unpaid Wages Lawsuit Pushes Policy
Denver, CO On April 27, the federal District Court for the District of Colorado granted conditional certification to a class of plaintiffs who brought unpaid wage claims against Helix TCS, a cannabis security company. The defendant employer began almost immediately to try to mitigate the financial impact that a successful collective action lawsuit might have under the Fair Labor Standards Act (FLSA).

KImberly-Clark 401k ERISA lawsuit Alleges Excessive Costs
Dallas, TX On April 15, two participants in the Kimberly-Clark Corporation 401(k) & Profit Sharing Plan filed a class action ERISA lawsuit in the federal District Court for the Northern District of Texas. Seidner v. Kimberly-Clark Corp. alleges that plan fiduciaries violated ERISA by failing to monitor plan administrative expenses, thus wasting the participants’ retirement savings and depriving them of the opportunity for investment growth over time.

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