Federal lawsuit against Fargo hotel owner for wage violations | Initiative Legal Group

Initiative Legal Group stays up to date with Class Action news from around the globe.

Below is the first part of an article by Forum Staff Repots from wday.com. It reads...

FARGO – A new federal lawsuit alleges that a Fargo-based owner of 13 hotels in North Dakota and Montana owes nearly 200 employees about $100,000 in back pay and $100,000 in damages. 

The lawsuit filed by the U.S. Department of Labor in U.S. District Court in Fargo on Monday claims Bharat I. Patel illegally classified 192 workers – including front-desk clerks and housekeeping staff – as salaried workers who are exempt from overtime and minimum wage laws.

“The hospitality industry is staffed by hard-working, low-paid employees who deserve fair compensation for long hours,” said Charles Frasier, district director for the Labor Department’s Wage and Hour Division in Denver. “To obtain compliance in the hotel/motel industry, the Wage and Hour Division will use every tool available to ensure workers receive the wages they earned.”

The Patel-owned hotels involved in Fargo include Econo Lodge East, Econo Lodge West, Fargo Quality Inn, Super 8 Fargo and Quality Suites in Fargo.

Source: here

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Former employee of Hammond Water Works files discrimination lawsuit | Initiative Legal Group

Initiative Legal Group stays up to date with Class Action news from around the globe.

Below is the first part of an article by Ed Bierschenk Nwitimes.com. It reads...

HAMMOND | A former employee of Hammond Water Works said she was discriminated against because of her race while employed at the department.

Hazell Ridgell, an African-American, complained in a federal lawsuit filed on her behalf last week by attorney Bryan K. Bullock, that she was treated differently than her white co-workers.

For instance, she contends at one point when the building where she and others worked was being rehabilitated, employees were moved to the basement. Later, during this period, Ridgell said all of her white co-workers were given a desk upstairs, while she was left in the basement.

She also complained that she was not treated equally when it came to pay or work hours.

Ridgell contends that when she was transferred to the inventory clerk position in the water works department, her pay was never increased to the salary level of the white incumbent who previously held the job.

Ridgell said she complained to her immediate supervisor, the human resources department, and to Edward Krusa, the water works chief executive officer, about the pay disparity. According to the lawsuit, Krusa offered to give her an additional $3,000 rather than to equalize her pay and/or pay her the money she lost for not being paid at the same rate as her predecessor for five years.

source: here

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Jon Fitch, Nate Quarry and Cung Le file class-action lawsuit against UFC | Initiative Legal Group

Initiative Legal Group stays up to date with Class Action news from around the globe.

The first part of the article below is by MMA Fighting Newswire from MMAFighting.com. It reads...

Former UFC fighters Jon Fitch and Nate Quarry along with Cung Le, who is still under contract with the UFC, have filed a class-action antitrust lawsuit against the UFC and its parent company, Zuffa. Bloody Elbow was the first to report the news of the lawsuit's existence.

"It's been definitely a tough road. I'm just honored to be part of this lawsuit against UFC for all the past UFC fighters, like Carlos Newton, and Nate [Quarry] and so many names I'd need a list here," Le said at Tuesday's press conference. "For all the future fighters and potentially one day, if my kids want to pursue the same path as I do, they would have a better situation to be in. I'm just very excited to get this going."

All three fighters have served in main events in the UFC. Two fought for titles in the organization.

Among other allegations, the antitrust suit alleges UFC has violated the Sherman Antitrust Act by illegally scheming to create a non-competitive marketplace restricting the earning capabilities of fighters to a fraction of what would be available in a competitive market. The suit also alleges UFC coerces fighters to give up rights to their names and likeness in perpetuity.

"This lawsuit really is about fairness," said Quarry. "It's about a fair market value for the athletes. Over and over again, we've seen that's just not been the case. The UFC has taken over the entire industry and dictated its terms upon the fighters without any say. We don't have any rights. It's the word that comes down.

Source: here

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Court Asked to Quickly Dismiss College Athletes’ Class Action Against ESPN, Broadcasters | Initiative Legal Group

Initiative Legal Group stays up to date with Class Action news from around the globe.
Below is the first part of an article by Ted Johnson from variety.com. it reads...

ESPN, major broadcasters, athletic conferences and WME Entertainment and IMG Worldwide are seeking dismissal of a class action lawsuit filed by 10 college athletes, claiming profits from game telecasts using their names and likenesses without their permission.

A number of athletic conferences weighed in on Wednesday morning, asking that the lawsuit be dismissed for a simple reason: The athletes don’t have a right of publicity in sporting events.

The student athletes “erroneously assume that game participants have a right of publicity with respect to broadcasts of sporting events, and to advertisements for those broadcasts,” a group of athletic conferences, including the Southeastern Conference and the Big Ten, said in a brief filed in a federal court in Tennessee. “Apart from being inherently impractical (any single participant could hold out and prevent the broadcast), plaintiffs’ position has been rejected repeatedly by controlling legal authorities.”

Broadcasters and sports licensing agencies are expected to file motions for dismissal later on Wednesday.

source: here

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Steve Jobs' Snarky Testimony Takes Center Stage in iPod Class-Action Lawsuit Opening | Initiative Legal Group

Initiative Legal Group stays up to date with Class Action news from around the globe.

Below is the first part of an article by Kelly Hodgins from macrumors.com. It reads..

Apple this week is battling a decade-old class-action lawsuit by iPod owners angry that their media players were locked to Apple's iTunes ecosystem. Key pieces of evidence in the trial include email conversations among Apple executives and a videotaped deposition of Steve Jobs, both of which were made public for the first time this week as part of the  court proceedings. 

According to CNN Money and Reuters, the question-and-answer session with Steve Jobs focused on Apple's response to RealNetworks and its Harmony music service. In 2004, RealNetworks created this competing music service that allowed users to download songs and play them on any media device, including the iPod. 

RealNetworks' iPod support incensed Apple, which published a press release accusing RealNetworks of hacking the iPod. Apple adopted this strategy following a series of emails between Apple marketing head Phil Schiller and CEO Steve Jobs.

"How's this?" Jobs wrote. "We are stunned that Real is adopting the tactics and ethics of a hacker and breaking into the iPod." 

"I like likening them to hackers," Apple marketing chief Philip Schiller responded.

When asked if this response to RealNetworks was "strong and vehement," Jobs replied, "They don't sound too angry to me when I read them," adding that, "A strong response from Apple would be a lawsuit." 

Source: here

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INVESTOR ALERT: Class Action Lawsuit Against Tesco PLC Announced by Law Offices of Howard G. Smith | Initiative Legal Group

Below is an article from fortmilltimes.com. It reads...

ENSALEM, PA. — Law Offices of Howard G. Smith announces that a class action lawsuit has been filed in the United States District Court for the Southern District of New York on behalf of purchasers of the securities of Tesco PLC (“Tesco” or the “Company”) (OTC:TSCDY) between February 2, 2014 and September 22, 2014, inclusive (the “Class Period”).

Tesco operates as a grocery retailer through stores offering food, groceries, clothing and general merchandise. The complaint alleges that Tesco made false and/or misleading statements and failed to disclose material adverse facts about the Company’s operations and financial performance. Specifically, on September 22, 2014, Tesco announced that it had overstated its expected profit for the half year by approximately £250m ($402 million) and that it had accelerated recognition of income and delayed accrual of certain costs. When this adverse information became known, the Company's share prices declined nearly 15%, from $11.29 per share on September 19, 2014, to $9.61 per share on September 22, 2014.

Source: here

Oxy Elite Pro Offers Refund in Class Action Settlement | Initiative Legal Group

Initiative Legal Group stays up to date with Class Action news from around the globe.

 Below is part of an article from nbcdfw.com. It reads... 

The Dallas based makers of controversial weight loss supplement Oxy Elite Pro and GNC stores that sold it are offering rebates of up to $300 per customer under the terms of a settlement in a class-action lawsuit.

The lawsuit accused USP Labs and GNC Stores of false and misleading claims about Oxy Elite Pro, Jack3d and VERSA-1. The companies deny any wrongdoing but agreed to the settlement to avoid more costly litigation.

Older versions of Oxy Elite Pro were recalled and destroyed in 2013 after reports of liver failure, hepatitis and one death.

Customers must submit claims online or by mail before Feb. 5, 2015.

Source: Here

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SHAREHOLDER ALERT: Pomerantz Law Firm Announces the Filing of a Class Action Against Salix Pharmaceuticals Ltd and Certain Officers -- SLXP | Initiative Legal Group

Initiative Legal Group works hard to stay on top of Class Action news from around the globe.

Below is the first part of an article from marketwatch.com. It reads...

NEW YORK, Nov 12, 2014 (GLOBE NEWSWIRE via COMTEX) --

Pomerantz LLP has filed a class action lawsuit against Salix Pharmaceuticals Ltd ("Salix" or the "Company") SLXP, +2.55% and certain of its officers. The class action, filed in United States District Court, Eastern District of North Carolina, Western Division, and docketed under 14-cv-00804, is on behalf of a class consisting of all persons or entities who purchased Salix securities between August 7, 2014 and November 6, 2014, inclusive (the "Class Period"). This class action seeks to recover damages against Defendants for alleged violations of the federal securities laws under the Securities Exchange Act of 1934 (the "Exchange Act").

If you are a shareholder who purchased Salix securities during the Class Period, you have until January 6, 2015 to ask the Court to appoint you as Lead Plaintiff for the class. A copy of the Complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Robert S. Willoughby at rswilloughby@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, x237. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and number of shares purchased.

Source: Here

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Class action against Murphy Distribution says company violated FLSA | Initiative Legal Group

Initiative Legal Group works tirelessly to stay up to date an class action news from around the globe. 

Below is the first part of an article ILG is reading by Kyla Asbury from legalnewsline.com. It reads...

HOUSTON (Legal Newsline) – Two employees have filed a class action lawsuit against Murphy Distribution Inc. after they claim it violated the Fair Labor Standards Act by failing to pay them their proper wages.

Anthony San Miguel and Aaron Soliz claim Murphy Distribution and Don Murphy violated the Fair Labor Standards Act by employing them and other similarly situated nonexempt employees "for a workweek longer than forty hours [but refusing to compensate them] for [their] employment in excess of [40] hours…at a rate not less than one and one-half times the regular rate at which [they are or were] employed," according to a complaint filed Oct. 31 in the U.S. District Court for the Southern District of Texas.

The plaintiffs claim the defendants violated the FLSA by failing to maintain accurate time and pay records for them and other similarly situated nonexempt employees as required.

The defendants own and operate a blasting and painting company.

"Defendants employed Anthony San Miguel as a laborer during the three years preceding the filing of this lawsuit," the complaint states. "Defendants employed Aaron Soliz as a laborer during the three years preceding the filing of this lawsuit."

The plaintiffs claim during their employment with the defendants, they were engaged in commerce or in the production of goods for commerce.

During the plaintiffs' employment with the defendants, they regularly worked in excess of 40 hours per week, according to the suit.

Source: Here

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California Workplace Rights - Is your emploer treating you fairly | Initiative Legal Group

Do you think your employer is taking advantage of you and violating your rights?

Often times employees allow themselves to be mistreated because they are in fear of being reprimanded, loosing their job or simply because they do not know what their rights are.

The above infographic was created for workers in the state of California, including you, to help you determine if you are not being treated fairly. Walk through the graphic and if you answer yes to any of the possble senarios then you might have a case.

The attorneys at Initiative Legal Group have been fighting for the rights of employees, consumers and people just like you since 2006. We have won contested certification in 20 class actions and have settled 53 class actions. We believe that all workers should get their fair pay and treatment. We fight for it.

If you think you might have a case then call or email us to explore the ways in which ILG can assist you.

info@initiativelegal.com, 310.556.5637

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LINKEDIN HIT WITH CLASS-ACTION LAWSUIT FOR ITS JOB REFERENCE TOOL | Initiative Legal Group

The below article is originally posted on Fastcompany.com by Alice Truong. It reads…

A class-action lawsuit in California accuses the social network LinkedIn of violating federal consumer protection laws by selling users’ employment history to potential employers without their consent.

The lawsuit filed Thursday in a federal court in Northern California takes issue with LinkedIn’s job reference tool, which is available to employers who subscribe to its premium features. LinkedIn can generate reference reports that include the names, locations, and employment history of people who have worked with a given job seeker. The information in these reference reports, the lawsuit points out, could potentially be inaccurate. Applicants are not told when a potential employer runs a reference report.

The lawsuit states:

As such, any potential employer can anonymously dig into the employment history of any LinkedIn member, and make hiring and firing decisions based upon the information they gather, without the knowledge of the member, and without any safeguards in place as to the accuracy of the information that the potential employer has obtained.

Source: Here

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Fallen Class-Action Lawyer Mel Weiss to Sell Picasso Works | Initiative Legal Group

The below article is by Miles Weiss  from bloomberg.com. It reads...

Melvyn Weiss, the millionaire class-action attorney who was felled by illegal kickbacks, is selling more than 140 lithographs, etchings and other works of art by Pablo Picasso.

Weiss and his wife, Barbara, have pledged the artwork to the financial services unit of New York-based Sotheby’s, according to a Sept. 23 New York state regulatory filing. Barbara Weiss, in an interview last week, said the couple planned to put the art up for auction. She declined to comment further.

Collecting Picassos was such a passion for Weiss, 79, that the pursuit played a role in the 2007 criminal case that federal prosecutors brought against him and other founders of Milberg Weiss Bershad Hynes & Lerach LLP, once the nation’s largest class-action securities law firm. The artwork he’s now selling ranges from 23-carat gold figures to a linoleum cut titled “Grand Tete de Femme,” the first of many Picassos acquired by the former litigator.

Weiss declined to comment when reached by telephone, saying the sale is a “personal matter.” Mary Bartow, the head of Sotheby’s prints department, said the auction house doesn’t comment on or identify specific consignors.

Source: HERE

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DEADLINE TODAY: LEVI & KORSINSKY, LLP Reminds Investors of Class Action against DreamWorks Animation SKG, Inc. and Its Board of Directors | Initiative Legal Group

The below article is from marketwatch.com regarding a class action lawsuit with DreamWorks. It reads...

NEW YORK, Sep 29, 2014 (BUSINESS WIRE) -- Levi & Korsinsky announces that a class action lawsuit has been commenced in the United States District Court for the Central District of California on behalf of investors who purchased DreamWorks Animation SKG, Inc. (“DreamWorks” or the “Company”) (nasdaqgs:DWA) securities between October 29, 2013 and July 29, 2014.

For more information, click here: http://zlk.9nl.com/dreamworks-animation-dwa.

The complaint alleges that DreamWorks and certain of its executives violated federal securities laws by: a) failing to take a timely write-down for Turbo, a 2013 feature film; b) materially overstated the Company’s net income for the fiscal year of 2013; c) lacking adequate internal controls over financial reporting; and d) disclosing materially false financial statements throughout the class period.

On July 30, 2014, as a result of this news, DreamWorks shares fell approximately 12 percent, or $2.68 per share, to close at $19.98.

If you suffered a loss in DreamWorks you have until September 30, 2014 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn’t require that you serve as a lead plaintiff. To obtain additional information, contact Joseph E. Levi, Esq. either via email at jlevi@zlk.com or by telephone at (212) 363-7500, toll-free: (877) 363-5972, 

Read the full article here

Initiative Legal Group is a law firm based in Los Angeles. ILG prosecute class actions on behald of employees, consumers and others who have had their rights violated.  Learn more at www.initiativelegal.com. Also find us on Twiiter and Facebook.

Initiative Legal Group | U.S. court voids RadioShack class-action settlement over card receipts

The article below is taken from reuters.com and is written byJohnathon Stemple. it reads...

Reuters) - A federal appeals court on Friday voided RadioShack Corp's class-action settlement with customers who objected to its putting credit and debit card expiration dates on receipts, saying the benefits of the accord appeared too small relative to the proposed legal fees.

The 7th U.S. Circuit Court of Appeals in Chicago said there was no showing that the proposed $1 million fee was reasonable for a settlement calling for roughly 83,000 class members to each receive a $10 voucher redeemable at RadioShack stores.

Writing for a three-judge panel, Circuit Judge Richard Posner noted that RadioShack's "fragile" state, including the electronicsretailer's recent announcement that it may file for bankruptcy, might have hastened the perceived need to settle.

But he also said the vouchers might not all be redeemed, reducing the settlement's value, and that revised terms could have shifted some of the "exorbitant" legal fees to customers.

"The law quite rightly requires more than a judicial rubber stamp" to class-action accords, Posner wrote, just 11 days after oral arguments. He returned the case to the federal district court in Chicago for further proceedings.

The accord was intended to resolve claims that RadioShack violated the federal Fair and Accurate Credit Transactions Act by printing card expiration dates on customers' receipts, which if lost could increase the potential for identity theft.

Original article: Here

Initiative Legal Group is a law firm based in Los Angeles. ILG prosecute class actions on behald of employees, consumers and others who have had their rights violated.  Learn more at www.initiativelegal.com