Class Action Roundup – November 18, 2016

Class Action Says Wal-Mart Failed to Provide Employees Notice of COBRA Health Care Coverage

A class action filed on Wednesday claims Wal-Mart violated the Employee Retirement Income Security Act of 1974 (ERISA) by failing to provide health plan participants clear, adequate notice of their right to continued healthcare coverage should a “qualifying event” under the Consolidated Omnibus Budget Reconciliation Act of 1985, or COBRA, occur.

Filed in Florida, the lawsuit notes that COBRA calls for health insurance plan sponsors who employ more than 20 employees to provide notice of the continuation of coverage rights in the event an employee loses health insurance coverage due to termination or some other “qualifying event.” According to the complaint, the plaintiff was fired in April 2016 and was unable to continue her health insurance coverage because the COBRA notice provided by Wal-Mart was confusing, ambiguous and missing critical components, such as the contact information for her health plan administrator and mandatory explanatory details.

Amazon Delivery Drivers’ Class Action Asks “Who’s in Charge Here, Anyway?”

One would think the logo on the side of their vehicles says it all, but a class action filed by drivers who deliver Amazon products aims to make clear exactly who they work for – and that just because Amazon’s name isn’t on their paychecks doesn’t mean the company isn’t calling the shots.

“Amazon controls everything, without a shadow of a doubt,” one of the named plaintiffs claims. “Silverstar pays me, but I definitely know I work for Amazon.”

Despite being classified as independently contracted workers, the proposed class members say Amazon acts as a “joint employer” with Silverstar and should be on the hook for unpaid overtime wages. The retail juggernaut, however, says otherwise.

Read more about the battle between delivery drivers and their (probable) employer Amazon from Josh Eidelson’s write up over on Bloomberg.com.

Report: Fiat Chrysler, Cummins in for the Long Haul with Diesel Emissions Deceit Class Action

A report published earlier this week says Fiat Chrysler and Cummins are prepared to fight a class action lawsuit accusing the companies of pulling a fast one regarding diesel emissions testing. Not dissimilar to the Volkswagen defeat device scandal, consumers allege Fiat Chrysler and Cummins violated federal consumer protection laws by concealing the true emissions levels of its diesel-engine vehicles and selling products with eco-friendliness that fell short of what was advertised.

Fiat Chrysler representatives said the company “does not believe that the claims brought against it are meritorious” and are just an attempt to tarnish the car maker’s image.

If the Volkswagen defeat device case is any indicator, the Fiat Chrysler/Cummins diesel emissions saga will not be going away any time soon. Learn more from the Reuter’s report published by Fortune.com.

Toyota Scrubs Rust Class Action Suit with $3.4 Billion Settlement

A Reuters report says Toyota will pay $3.4 billion to settle a class action that claimed 1.5 million of its pickup trucks and SUVs lacked rust protection, a problem court records estimate could cost nearly $15,000 to replace per vehicle. The case alleged the lack of rust protection on the Toyota Tacoma, Tundra and Sequoia models could become serious enough to compromise the structural integrity of the vehicles’ frames.

The settlement terms dictate Toyota will inspect the affected vehicles for 12 years from the day they were sold or leased to gauge whether to replace the car’s frame or reimburse its owner.