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Workers Seek Sanctions on Turf Farm
Workers of Briggs Traditional Turf Farm (“Briggs” or the “Farm”) have sought sanctions against their employer for misleading employees who could opt into a lawsuit against the Farm. The second amended complaint, filed on December 23, 2021, in the United States District Court for the Western District of Missouri, alleges that Briggs illegally and discriminately withheld overtime pay from workers with H-2A visas by purposely misrepresenting them as agricultural workers.…
Judge Denies Motion to Dismiss – PNC ERISA Class Action
On March 31, 2022, the Honorable Christy Wiegand, a Judge for the United States District Court in the Western District of Pennsylvania, granted in part and denied in part Defendants’ motion to dismiss a class action claiming PNC Financial Services Group Inc. (“PNC” or the “Company”) mismanaged its 401(k) retirement plan. The PNC Financial Services Group Inc. Incentive Saving Plan (the “Plan”) serves as a vehicle for PNC employees to…
Joint Task Force on Misclassification of Employees – Pennsylvania Department of Labor & Industry
Pennsylvania’s Joint Task Force on Misclassification of Employees (“Task Force”) held its fourth meeting of the year on April 22, 2022, the first in-person meeting since its assembly in January 2021. The Task Force is a bipartisan group of nominated volunteers representing business, labor, and government seeking to publicize a comprehensive understanding of worker misclassification and its consequences. This meeting occurred a month after the Task Force released its Annual…
Miller Shah Secures Preliminary Approval of $3.5 Million Settlement in Coca-Cola Bottling ERISA Class Action
On March 8, 2022, United States District Judge Frank D. Whitney of the Western District of North Carolina approved a $3.5 million settlement of class action claims alleging the Coca-Cola Bottling Company (“Coca-Cola Bottling” or the “Company”) mismanaged its defined contribution retirement plan (the “Plan”). Represented by Miller Shah, two former Coca-Cola Bottling employees (“Plaintiffs”) specifically alleged that the Company mismanaged the Plan by incorporating excessive fees and risky investment…
California Uber Drivers Settle Misclassification Claims for $8.4 Million
On February 17, 2022, a class of 1,322 California drivers announced an $8.43 million settlement (the “Settlement”) with Uber Technologies, Inc. (“Uber”) to resolve claims in James v. Uber. The Settlement, which comes in the wake of a $20 million initial settlement between Uber and a class of 15,000 California and Massachusetts Uber drivers in O'Connor v. Uber, compensates drivers for damages incurred after O’Connor and before the enactment of…
Uber to Arbitrate Misclassification Claims in Illinois
On October 29, 2020, a class action lawsuit was filed in the United States District Court for the Northern District of Illinois accusing popular ride sharing platform Uber Technologies, Inc. (“Uber” or “Defendant”), of misclassifying its drivers as independent contractors instead of employees under federal wage laws. The action alleges that because drivers were misclassified as independent contractors, they missed out on benefits and protections granted to employees such as…
California Truck Drivers Reach $9.5 Million Misclassification Settlement
In California and across the country, truck drivers are at risk of being misclassified as independent contractors. This has negative implications for drivers’ taxes and workplace protections, as independent contractors are not subject to the same workplace regulations or protections as employees. For workers in labor-intensive jobs, such as truck drivers, this can cause serious issues. But truck drivers in California have recently made strides forward in advocating for their employment status.…
AMC Securities: Miller Shah Obtains $18 Million Settlement
On February 14, 2022, U.S. District Judge Alison J. Nathan granted final approval of a proposed $18 million Settlement (the “Settlement”) in a class action against AMC Entertainment Holdings, Inc. and certain executives and financial underwriters (“AMC,” the “Company,” or “Defendants”). The Settlement resolves allegations that AMC misled investors when touting the Company’s plans to acquire Carmike Cinemas, Inc. (“Carmike”), Odeon & UCI Cinema Group, and Nordic Cinema Group AB.…
Supreme Court Greenlights Excessive Investment Fees Lawsuit, Sides with 401(k) Participants
On January 24, 2022, the Supreme Court of the United States unanimously ruled that Plaintiffs, 401(k) plan participants of Northwestern University (“Northwestern” or the “University”), could proceed with their lawsuit against Northwestern and the administrators of the University’s 401(k) retirement plan (the “Plan”) for alleged mismanagement of the Plan. Northwestern, like many corporations and non-profit organizations, offers a defined contribution retirement plan, whereby eligible employees set aside a certain percentage…
Whistleblower Receives $200M Award from CFTC
On October 21, 2021, the Commodity Futures Trading Commission (“CFTC” or “Commission”) announced that it had awarded a single, unnamed whistleblower nearly $200 million for information that led to a successful enforcement action relating to interest rate manipulation at a large financial firm. The decision came after the Claims Review Staff initially recommended that the CFTC deny the claimant’s whistleblower award application. This Preliminary Determination was followed by a request for…
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