News in Brief September 22 – Amazon, Domino's, BMW and More
Last Updated on June 26, 2017
Amazon, Staffing Agency Hit with Worker Misclassification Suit
Amazon.com LLC and staffing agency SMX LLC are in the crosshairs of a proposed class action in California. Filed by a former delivery driver, the suit claims Amazon and SMX violated state labor laws by “willfully, knowingly and systematically” misclassifying countless current and former delivery drivers as independent contractors – not as employees—resulting in unpaid regular and overtime wages. Additionally, the suit claims that, among other issues, the misclassification led to the workers being denied off-duty meal and rest breaks, as well as reimbursement for job-related expenses. Both Amazon and SMX were named in the suit, court records show, because the lead plaintiff in the case was employed by SMX but exclusively made pickups and deliveries for Amazon, which allegedly controlled almost every aspect of the drivers’ day-to-day operations.
Lawsuit: The Honest Co.’s “Natural” Product Labels Are, in Fact, Dishonest
Actress Jessica Alba’s personal care products outfit The Honest Co. is facing a class action over claims from consumers that the company falsely labeled certain goods as “natural” even though they contain a slew of synthetic ingredients. The allegedly mislabeled products mentioned in the suit run the gamut from shampoo and body wash to diapers, hand soap and multi-surface cleaners. At the heart of the suit are claims that, not only does The Honest Co. improperly label its “natural” products, it does so willfully, going so far as to admit on its “Honestly” blog that certain ingredients are synthetic. This marks the second time Alba’s company has faced litigation over the alleged “naturalness” of its products. The Honest Co. was sued in early 2016 by a couple who also claimed they paid top-shelf prices for natural products only to find out that what they bought contained artificial chemicals.
Nearly $1M Minimum Wage Award Approved Against Domino’s Franchisee
A federal judge in Georgia has given the go-ahead to a $995,000 arbitration award that puts to rest a 2015 class action filed by a group of pizza delivery professionals against one of the largest Domino’s franchisees in the US. The case filed against Cowabunga Inc. and Cowabunga Three LLC, who collectively run roughly 100 Domino’s locations in the Southeast, claimed the extent to which the drivers were shorted on vehicle expenses resulted in the workers’ pay dipping below the federal minimum. The amount will be split between 565 drivers who opted into the suit.
Suit Claims Publix Parmesan Cheese Possibly Packed with Wood Pulp
A proposed false advertising class action out of Florida claims Publix Super Markets Inc.’s 100% Grated Parmesan Cheese contains considerable amounts of filler, including powdered cellulose, despite the product’s “100% real” label claims. Derived from wood pulp, powdered cellulose is commonly used as an anti-clumping agent in food products because of its ability to absorb water. While industry standards allow for a roughly two percent threshold of powdered cellulose in food, the complaint alleges the filler found in Publix Parmesan cheese exceeds these levels simply to cut costs. Publix now joins Kraft Heinz Food Co., Wal-Mart Stores Inc. and Target Corp. as the latest food seller to face legal action over the contents of its Parmesan cheese. In June 2016, the U.S. Judicial Panel on Multidistrict Litigation (JPML) centralized Parmesan cheese cases against Kraft Heinz, Wal-Mart and other grocers into one MDL in Chicago.
Remote Locking Class Action Against BMW Hits Roadblock
A proposed class action against BMW of North America LLC over an allegedly defective remote locking feature has been struck down by a California federal judge, who cited conflicting claims by the plaintiff as the reason behind the decision. The suit was initially filed in early 2016 by a consumer who alleged the functionality of BMW’s hands-free “comfort access feature” was defective. The plaintiff named in the suit reported her child was locked inside her 2008 BMW X5 after the vehicle’s remote locking feature –marketed as giving the driver access to the vehicle without the key remote because the car automatically detects when it’s nearby—spontaneously activated even though the key remote was located inside the car. A window was broken to rescue the child from the locked vehicle, court documents detail. BMW is not out of the woods, however, as the judge presiding over the case said drivers can attempt to amend the original complaint down the road.
Plaintiffs Win Consolidated Season Ticket Class Action Against L.A. Rams
Season ticket holders who held personal seat licenses (PSL) for the former St. Louis Rams came out on top in three separate class actions (which were later consolidated) filed after the team relocated to Los Angeles in January 2016. As a result of the ruling, the L.A. Rams must offer claimants the opportunity to purchase season tickets at their new stadium home in Los Angeles, in addition to refunding the deposits paid by former PSL owners from the team’s time in St. Louis. When the team moved across the country, three different groups set in motion litigation over PSLs, with two factions claiming their licenses were valid despite the team’s relocation, and the third arguing that the move essentially ended the team’s contract with PSL holders. Though a ruling has come down, this case is far from over due to intricacies involving whether St. Louis season ticket holders’ contracts were with FANS Inc., a ticketing agency, or the team itself.
Hair Relaxer Lawsuits
Women who developed ovarian or uterine cancer after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.
Read more here: Hair Relaxer Cancer Lawsuits
How Do I Join a Class Action Lawsuit?
Did you know there's usually nothing you need to do to join, sign up for, or add your name to new class action lawsuits when they're initially filed?
Read more here: How Do I Join a Class Action Lawsuit?
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