On October 31, 2022, United States District Judge Mark Kearney of the Eastern District of Pennsylvania approved a $12.5 million settlement of class action claims alleging that Universal Health Services, Inc. mismanaged its defined contribution retirement plan.
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.
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. …
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.
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.
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.
The Settlement class includes all persons and entities who purchased or otherwise acquired Walgreens common stock between April 17, 2014, and August 5, 2014, inclusive.
The lawsuit alleges that Defendants engaged in monopolistic behavior to delay the production of a generic form of AstraZeneca’s antidepressant drug Seroquel XR (quetiapine fumarate extended-release tablets) (“Seroquel XR”), thereby forcing both pharmaceutical wholesalers (“Direct Purchasers”) and persons and entities (“End-Payors,” and, with the Direct Purchasers, “Plaintiffs”)) to buy the more expensive Seroquel XR, costing purchasers millions of dollars.
On October 28th, 2022, the Pennsylvania Department of Labor & Industry’s Joint Task Force on Misclassification of Employees held its tenth meeting of the year. The Joint Task Force was created when Pennsylvania Governor Tom Wolf signed Act 85 into law in October 2020, which called for the creation of a Joint Task Force to be composed of seven members (or their designees) and chaired by the Secretary of Labor & Industry.
On September 22, 2022, a District Judge in the United States District Court for the Northern District of California certified a class of over 30,000 people in a lawsuit against Genentech, Inc., and the U.S. Roche DC Fiduciary Committee.
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