Access To Justice

News developments that we’re watching at Sokolove Law:

Feds Investigate Minivan Axle Failures: Ford’s Windstar minivans are the subject of a probe by federal safety regulators who are investigating reports that the rear axle can break, causing the vehicle to careen down the highway. USAToday reports that the National Highway Traffic Safety Administration launched a preliminary investigation into the problem after receiving more than 200 consumer complaints about the axles on the 1999-2003 Windstar minivans. Two crashes but no deaths or injuries have been reported due to the problem. Last week, Law 360 (subscription required) reported that Ford was facing a class-action suit alleging that nearly 1 million Windstars from model years 1999-2003 were made with rear axles that could potentially corrode and break.

Chinese Drywall Settlement: Knauf Plasterboard Tianjin Co. and homebuilder Beazer Homes USA have reached a joint settlement over defective drywall that has been blamed for a myriad of health and other problems by homeowners, according to CBS News.  Details of the settlement were not released. However, CBS News reports that Knauf is reportedly negotiating settlements with 6-10 other homebuilders that also used the bad wallboard in home construction and then had to remove it. Defective  Chinese drywall has been associated with the release of toxic sulfur compounds that smell bad, damage appliances and wiring, and may cause sickness. Problems with the material have been reported by thousands of homeowners, mostly in Florida and other southern states. The settlement is just the latest sign that drywall litigation is gaining steam since cases filed against the Chinese drywall manufacturers were consolidated under a federal judge in New Orleans.

Asthma Linked to Workplace Exposure to Soy: Soy “dust” exposure may cause asthma or asthma-like symptoms in some workers at plants that process the beans, according to a new study from the Centers for Disease Control.  Reuters reports that study is the first to show an association between soy allergy and asthma symptoms among workers at soy processing plants. CDC researchers looked at employees at a Tennessee soy processing plant who believed that their respiratory symptoms were related to workplace exposures, according to the report.

Law Targets Wage Theft: Miami-Dade County has passed a law that requires employers to pay workers there within two weeks of doing work, reports the Miami-Herald. The law targets mostly small businesses to which existing federal rules do not apply. Employers who don’t comply with the law would have to pay wages and damages. The Herald writes that the county is one of a handful of US localities to enact such a rule.

As always, Sokolove Law is here to help protect your rights.

Just over a year ago, President Barack Obama signed his first major piece of legislation. The Lilly Ledbetter Fair Pay Act  overturned a controversial 2007 Supreme Court case, and made it easier for women who faced wage discrimination to sue their employers.

Here is what I said about Lilly Ledbetter at the time.

Basically, the Ledbetter Act revised the statute of limitations (SOL) for filing discrimination claims with the Equal Employment Opportunity Commission (EEOC), so that each discriminatory paycheck essentially restarted the SOL clock for plaintiffs.

According to a recent article over at Law 360, here’s what that means for working women: 

“People challenging a wide variety of practices that resulted in discriminatory compensation are benefiting from the act’s passage,” EEOC said. “These practices include determining base pay or wages, deciding job classifications, denying career ladder or other noncompetitive promotions, denying tenure, and failing to respond to requests for raises.”

All told, during the past year, EEOC received more than 68,000 complaints of workplace discrimination, including 4,800 charges of wage discrimination, 1,900 of which were filed by women alleging sex discrimination in compensation.  Some of those women, depending on when they filed, may not have gotten their day in court if not for the Lilly Ledbetter Act.

The bottom line is this:  The Ledbetter Act is the latest part of a federal regime that prohibits employers from discriminating against employees based on gender.  We can expect to see more and more claims filed under its provisions.

If you or someone you know has been the victim of workplace discrimination, you should know your legal rights.

News developments that we’ll be watching at Sokolove Law:

Oil giant BP was ordered to pay $100 million in damages to contract workers after a federal  jury found that the company exposed the workers to toxic substances at its Texas City oil refinery in 2007, writes the Houston Chronicle. The story says that the plaintiffs alleged exposure to carbon disulfide while working on two refining units. BP said it will appeal the decision.

Tough new rules regarding the use of anti-psychotic drugs are being sought in the wake of a recent Chicago Tribune investigation that found the medications were sometimes used to “chemically restrain” elderly patients in Illinois nursing homes.  The Tribune reports today that health advocates are urging Gov. Pat Quinn’s Nursing Home Safety Task Force to target the problem.

People with pacemakers should think twice before undergoing an MRI scan.  ScienceDaily reports that FDA researchers have found that MRI scans may cause certain cardiac pacemakers to inadequately stimulate a patient’s heart due to the magnetic pulses from the MRI mixing with the electronic pulses from the pacemaker. This lack of stimulation could create a potentially dangerous situation for these patients, according to the article.

Industrial launderer Cintas has agreed to pay $6.5 million to settle a class action lawsuit alleging that it failed to pay a living wage to some of its laundry workers, writes the Associated Press. The tentative settlement provides $3.3 million in back wages and interest for more than 500 Southern California Cintas laundry workers at the company’s Ontario, Pico Rivera, and Whittier locations, according to a Workers United/SEIU press release. Cintas doesn’t admit wrongdoing in the settlement, says the AP.

Recent Recalls: The U.S. Consumer Product Safety Commission (CSPC) and the National Highway Traffic Safety Administration announced that Dorel Juvenile Group is voluntarily recalling about 477,000 Dorel infant car seat/carriers. These carriers were also sold under the Safety 1st, Cosco, Eddie Bauer, and Disney brands. Dorel said it has received 77 reports of the carrier handle fully or partially falling off. At least three injuries to infants have been reported, including a head injury, bumps, and bruises. The product can still be used as a car seat when properly installed, according to the CSPC.

We’ll be watching these developments here at Sokolove Law.

Wal-Mart Stores Inc. will pay $40 million to 87,500 of its current and former Massachusetts workers in what is being called the largest wage-and-hour class action settlement in the state’s history.

The workers accused the world’s largest retailer of refusing to pay overtime, denying them rest and meals breaks, and manipulating their time cards, according to an Associated Press article.

The AP reports that under the terms of the settlement, any person who worked for Wal-Mart between August 1995 and this year will receive payments of between $400 to $2,500, depending upon their years of service. The settlement, which is subject to approval from the Middlesex Superior Court, bars both sides from commenting on the matter.

The class-action lawsuit was one of several similar complaints filed against Wal-Mart in 2001. The AP says that since last December, the company has agreed to pay as much as $640 million to settle 63 lawsuits over wage-and-hour violations.