Omnicom ERISA: Federal Judge Denies Motion for Summary Judgment

Plaintiffs, represented by Miller Shah LLP, alleged that Defendants breached their fiduciary duties under the Employee Retirement Income Security Act of 1974 (“ERISA”) by (1) selecting and retaining the risky Fidelity Freedom Funds Active Suite, instead of retaining a more prudent alternative, and (2) allowing participants to be charged excessive recordkeeping and administrative fees.

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Twitter to Face Class Action Lawsuit Over Unlawful Firings

Plaintiffs allege that the company violated and will further violate the federal Worker Adjustment and Retraining Notification Act, as well as the California WARN Act, both of which offer protection to workers, their families, and communities by requiring employers to provide notice 60 days in advance of covered plant closings and mass layoffs.

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Seventh Circuit Reverses Motion to Dismiss Truck Driver’s Misclassification Claims

On August 3, 2022, the United States Court of Appeals for the Seventh Circuit reversed a Wisconsin federal court’s dismissal of a truck driver’s misclassification claims against hauling company Schneider National Inc. The Seventh Circuit found that driver Eric Brant plausibly alleged a viable claim under the Fair Labor Standards Act (“FLSA”), a federal law that protects workers from unfair employment practices by establishing requirements for minimum wage, overtime pay, recordkeeping, and child labor.

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Illinois Voters Pass Workers’ Rights Amendment

On December 5, 2022, the Illinois State Board of Elections certified the November election results in favor of adding the proposed Amendment 1 to the Illinois State Constitution.  It is now a constitutionally protected right for workers in Illinois to organize and bargain collectively for the purposes of negotiating wages, hours, or working conditions, and to protect their economic welfare and safety at work, effectively making Illinois the first state to constitutionally block right-to-work laws.  …

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Ninth Circuit Denies Petition to Review Class Certification Order in Misclassification Suit

On November 10, 2022, the Ninth Circuit denied the request of Jan-Pro Franchising International Inc. to review the United States District Court for the Northern District of California’s August 2, 2022 order granting a group of janitors class action certification in a lawsuit alleging Jan-Pro misclassified its janitors as independent contractors.

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Freshworks Inc. Investors File Class Action Over IPO Documents

On November 1, 2022, Mohan Sundaram filed a class action complaint against software company Freshworks, Inc. in the United States District Court for the Northern District of California. The proposed class consists of all persons and entities that purchased or otherwise acquired Freshworks common stock issued in connection with the Company’s Initial Public Offering.

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Beth Israel Settles ERISA Class Action for $2.9 Million

Plaintiffs alleged Defendants breached their fiduciary duties pursuant to the Employee Retirement Income Security Act of 1974 by selecting and retaining risky and underperforming investment options in the Plan and allowing Plan participants to be charged unreasonably expensive investment management fees, resulting in significant losses.

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