Category: State Courts
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Waiter Claims Upscale Eatery Forced Tip Sharing
According to a news source, a Smith & Wollensky waiter has filed a putative class action lawsuit in a Nevada state court alleging that he was forced to share tips with assistant and general managers and even had to pay them hundreds of dollars for preferential customers, tables, shifts, or time off. Waiter Mario Viggiani…
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Proposed Berkeley Soda Tax Language Changed
A California state court has adjusted the language in the soft drink tax on the November 2014 ballot by replacing “high-calorie, sugary drink” with “sugar-sweetened beverages” to clarify the proposed tax and to conform with election codes. Johnson v. Numainville, No. RG14786763 (Cal. Super. Ct., Alameda Cty., order entered September 2, 2014). Agreeing with the…
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Prop. 65 Suit Challenges 4-MEI in Ginger Beverage Products
According to a news source, the Center for Environmental Health has filed a lawsuit under California’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65), alleging that Reed’s Ginger Products fails to warn consumers about the caramel-coloring chemical 4-methylimidazole (4-MEI) purportedly present in its soft drinks. Ctr. for Envtl. Health v. Reed’s, Inc., (Cal. Super.…
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Fast-Food Worker Alleges Pregnancy-Related Discrimination
A fast-food worker in Oregon has reportedly sued her former employer, seeking $242,000 in damages on the ground that she was discharged because she became pregnant, after being told by general managers during a staff meeting that workers such as the plaintiff were not allowed to become pregnant because “they needed to be present and…
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Berkeley Residents Accuse Soda Tax of Bias in Lawsuit
Two residents of Berkeley, California, have filed a lawsuit in state court alleging that the proposed 1-cent-per-ounce soda tax, which will appear on the ballot in November, uses “politically charged” language and affects beverages beyond the targeted “high-calorie, sugary drinks.” Johnson v. Numainville, No. RG14786763 (Cal. Super. Ct., Alameda Cty., filed August 13, 2014). The…
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Court Orders Schwan’s to Reimburse Work-Related Use of Personal Cell Phones
A California appeals court has determined that the state Labor Code requires employers to reimburse employees who “must use their personal cell phones for work-related calls”; so ruling, the court reversed a class-certification denial and ordered the lower court to reconsider the motion in light of this interpretation of the law. Cochran v. Schwan’s Home…
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Whole Foods Hit with Second Lawsuit Based on Consumer Reports’ Yogurt Findings
Echoing a putative class action filed in Massachusetts federal court on August 1, 2014, a plaintiff has filed a lawsuit against Whole Foods Market in Pennsylvania state court accusing the retailer of mislabeling its 365 Everyday Value yogurt’s sugar content as 2 grams despite containing 11.4 grams, according to test results published in the July…
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Putative Class Action Filed Against Organic Milling for Allegedly False “100% Natural” Claims
A plaintiff has accused cereal company Organic Milling of mislabeling its Nutritious Living Hi-Lo brand cereals as “100% natural” despite allegedly containing synthetic and heavily processed ingredients and being produced with genetically modified (GM) crops. Mirto v. Organic Milling, No. BC553780 (Super. Ct. Cal., Los Angeles Cty., filed Aug. 5, 2014). The complaint alleges first…