Legal Insights & Case Updates | Miller Shah LLP Blog

November 04, 2022

Antitrust, Class Action

Norwegian Salmon Antitrust Case Nets $33 Million Settlement

On October 6, 2022, a proposed class of indirect salmon buyers (the “Settlement Class”) obtained a class-wide settlement of $33 million to resolve antitrust claims against Norwegian salmon producers, alleging that they inflated farm-raised salmon prices in the United States. In the preliminary approval motion, counsel for the Settlement Class indicated that the settlement is “an excellent result for the class” since it would avoid lengthy litigation and the uncertainties…

November 03, 2022

Misclassification, Employment

9th Circuit Denies Motion to Preliminarily Enjoin Codification of the ABC Test

On October 11, 2022, the United States Court of Appeals for the Ninth Circuit affirmed the Central District of California’s denial of a motion for a preliminary injunction to restrain the California Attorney General from applying California’s “ABC test,” as codified in California’s Assembly Bill 5 (“AB 5”), to political canvassers. Under precedent established in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) to prove workers…

November 02, 2022

Employment, Misclassification

DOL Issues Notice of Proposed Independent Contractor Rule

On October 13, 2022, the Wage and Hour Division of the U.S. Department of Labor ("DOL") published a Notice of Proposed Rulemaking regarding a new standard for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. The proposed rule, entitled “Employee or Independent Contractor Classification Under the Fair Labor Standards Act,” would create a six-factor framework for classifying workers as employees or…

November 01, 2022

ERISA

ERISA Lawsuit: PNC Class Certified

On September 16, 2022, the Honorable Christy Criswell Wiegand of the Western District of Pennsylvania certified a class of over 65,000 current and former participants of the PNC Financial Services Group, Inc. Incentive Savings Plan (the “Plan”) in an ERISA lawsuit against PNC Financial Services Group, Inc. (“PNC”) and the PNC Financial Services Group, Inc. Incentive Savings Plan Administrative Committee (collectively, “Defendants”). PNC is the plan sponsor for the Plan.…

November 01, 2022

Employment, Misclassification

Burlington Coat Factory Pays Misclassified Employees $11M in Overtime Wages

On September 21, 2022, Burlington Coat Factory (“Burlington” or the “Company”) agreed to pay $11 million to settle a class action lawsuit involving claims that the Company misclassified over 1,700 Assistant Store Managers (“ASMs”) and failed to pay overtime wages. The settlement comes after the Company settled two related actions in 2020 for nearly $20 million. In February of 2022, ASM Kim Payton-Fernandez filed a complaint alleging that Defendant violated…

October 19, 2022

False Claims Act

Paycheck Protection Program (PPP) Vendor Pays Up

On September 13, 2022, the Department of Justice (“DOJ”) announced its first settlement with a Paycheck Protection Program (“PPP”) lender pursuant to the False Claims Act (“FCA”). The agreement resolves allegations that Prosperity Bank (“Prosperity” or the “Bank”), a regional bank throughout Texas and Oklahoma, improperly processed a PPP loan and secured a processing fee to which it was not entitled. Prosperity agreed to settle the claims for $18,000, and…

October 06, 2022

Class Action, ERISA

Booz Allen Hamilton to Face ERISA 401(k) Plan Mismanagement Class Action

On August 1, 2022, Michael Tullgren (“Plaintiff”) filed a complaint on behalf of himself and similarly situated class members against Booz Allen Hamilton Inc. (“Booz Allen” or “Defendants”) in the United States District Court for the Eastern District of Virginia. Booz Allen, a management and information technology consulting firm, is the plan sponsor for the Booz Allen Hamilton Inc. Employees’ Capital Accumulation Plan (the “Plan”). As of December 31, 2020,…

October 05, 2022

Employment, Misclassification

Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees Concludes Ninth Meeting

On September 23, 2022, the Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees (“Joint Task Force”) held its ninth meeting of the year. The Joint Task Force, comprised of seven bipartisan members and their designees, was created in October 2020 as a result of Act 85 (House Bill 716) to evaluate the status of worker misclassification in Pennsylvania and develop recommendations to present to the…

October 03, 2022

Class Action, Employment, Wage and Hour

MLB Will Pay Minor League Baseball Players $185 Million to Settle a Wage and Hour Class Action Lawsuit

On August 26, 2022, Chief Magistrate Judge Joseph C. Spero of the United States District Court for the Northern District of California (the “Court”) preliminarily approved a $185 million settlement (the “Settlement”) between classes of minor league baseball players (“minor leaguers” or “Plaintiffs”) and Major League Baseball and its 30 member Clubs (“MLB” or “Defendants”) in a wage and hour class action lawsuit that proceeded for more than eight years.…

September 30, 2022

Class Action, ERISA

Capital One Sued for Mismanagement of $7.85 Billion 401(k) Plan

On August 1, 2022, Andre Hall and Jermaine Minitee (collectively, “Plaintiffs”) filed a complaint on behalf of themselves and similarly situated class members against Capital One Financial Corporation (“Capital One” or “Defendants”) in the United States District Court for the Eastern District of Virginia. Capital One is the plan sponsor for the Capital One Financial Corporation Savings Plan (the “Plan”). As of December 31, 2020, the Plan had over 60,000…

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