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Pennsylvania Misclassification Task Force Holds Eighth Meeting

Pennsylvania’s Joint Task Force on Misclassification of Employees (“Task Force”) held its eighth meeting of the year on August 26, 2022, the fifth 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. Deputy Secretary for Safety and Labor-Management Relations and Chairman of the Task…

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L Brands Settles ERISA 401(k) Class Action for $2.75 Million

On August 11th, 2022, Plaintiffs filed a Motion for Preliminary Approval of the settlement agreement reached in a class action lawsuit against L Brands, Inc., L Brands Service Company, LLC, and its Retirement Plan Committee (collectively, “L Brands,” the “Company,” or “Defendants”). The lawsuit was brought on behalf of participants and beneficiaries of L Brands Inc. 401(k) Savings and Retirement Plan (the “Plan”). L Brands, otherwise known as Bath &…

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Universal Decision Paves Way for Future ERISA Class Actions

On June 30, 2022, the Honorable Edward G. Smith of the United States District Court for the Eastern District of Pennsylvania certified a class of over 63,000 former employees and retirees of B. Braun Medical Inc. (the “Company”) in a class action lawsuit brought under the Employee Retirement Income Security Act of 1974 (“ERISA”). The decision follows the Third Circuit’s recent ruling in Boley v. Universal Health Systems. ERISA is…

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Employees Sue Microsoft for Investing in Inferior 401(k) Funds

On August 2, 2022, Justin Beldock, Gordon Broward, and Shaadi Nezami (collectively, “Plaintiffs”) filed a complaint on behalf of themselves and similarly situated class members against their former employer, Microsoft Corporation (“Microsoft”), in the United States District Court for the Western District of Washington. Microsoft is the plan sponsor for the Microsoft Corporation Savings Plus 401(k) Plan (“the Plan”). As of December 31, 2020, the Plan had over 135,000 participants…

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Rush University Medical Center Shells Out $2.95M in ERISA Settlement

On June 27, 2022, counsel for the proposed class and counsel for Defendants Rush University Medical Center (“RUMC”), the Board of Trustees of Rush University Medical Center, the Rush University Medical Center Investment Committee, and the Rush University Medical Center Administrative Committee (collectively, “Defendants”) jointly filed a status report notifying the court that they reached a settlement in their 401(k) plan mismanagement litigation. According to the settlement agreement, RUMC will…

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Biogen to Pay $900 Million to Settle Sham Speaker Program Allegations

On July 20, 2022, Biogen, Inc. (“Biogen” or the “Company”), formerly known as Biogen Idec, Inc., agreed to pay $900 million to resolve allegations that the Company violated the federal Anti-Kickback Statute (“AKS”) and False Claims Act (“FCA”) by paying physicians to prescribe its Multiple Sclerosis (“MS”) drugs. After a decade of litigation, the parties agreed to settle just one week before trial was set to begin. The FCA allows…

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Eversource Judge Denies Motion for Summary Judgment

On July 29, 2022, the Honorable Janet C. Hall, a district judge in the United States District Court for the District of Connecticut, denied Defendants’ multipronged motion for summary judgment in its entirety. This denial comes shortly after the Court granted Plaintiffs’ motion for class certification in May. In moving for summary judgment, Defendants sought to establish that they were entitled to judgment as a matter of law because the…

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American Airlines Carrier Settles Biometric Privacy Suit

On July 6th, 2022, American Airlines carrier Envoy Air (“Envoy” or the “Company” or “Defendant”) reached a binding settlement agreement with former employee and lead Plaintiff Maysoun Abudayyeh on behalf of herself and similarly situated class members (collectively, “Plaintiffs”). While the details of the settlement agreement are not yet available, according to the reports of Magistrate Judge Heather K. McShain of the United States District Court for the Northern District…

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Amazon Flex Drivers Denied Class Action Status Again

On July 8, 2022, the United States District Court for the Western District of Washington denied a motion for class certification (“Motion”) filed by Amazon Flex Drivers (the “Drivers” or “Plaintiffs”) in a misclassification suit against Amazon.com, Inc. and Amazon Logistics, Inc. (collectively, “Amazon” or “Defendants”). In the Motion, filed on June 30, 2022, the Drivers argued that they meet all the requirements for class certification: numerosity, commonality, typicality, adequacy,…

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Court Certifies 9,000-Member Class in ERISA Lawsuit Against IQVIA

On May 12, 2022, a District Judge in the United States District Court for the Middle District of North Carolina certified a class of over 9,000 members in a lawsuit against IQVIA Inc., the Board of Directors of IQVIA Holdings, Inc., and the Benefits Investment Committee (collectively, “IQVIA,” the “Company,” or “Defendants”). The Court defined the Class as all participants and beneficiaries in the IQVIA, Inc. 401(k) Plan (the “Plan”)…

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