http://www.robertabelllaw.com/blog/ Robert Abell Law Blog en-us 2012 Robert Abell Law, All Rights Reserved, Reproduced with Permission http://www.robertabelllaw.com/blog/ Sun, 20 May 2012 04:45:55 GMT http://www.robertabelllaw.com/images/logoprint.gif http://www.robertabelllaw.com/blog/ Dock workers formerly employed by Central Freight Lines in Fort Worth, Texas have settled an age discrimination suit against the company for $400,000.  The suit claimed that the company targeted the older workers for lay-off as part of a reduction in force in 2007. Among other things, according to the suit, the company changed attendance and disciplinary policies as part of its effort to build a case against the older workers.
Source: Ft. Worth Star-Telegram
Age discrimination in employment violates both federal and Kentucky state law.
Reductions in force, of course, are something that happens as part of a company's operations and are not, in and of themselves, illegal or discriminatory. However, companies cannot target older workers for separation as part of a lay-off process. There are many things that indicate a company has targeted older workers in a  reduction in force, just two being (1) older workers are terminated but younger workers are hired in their stead; or, (2) older workers are much more disproportionately selected for lay-off. 
If you believe that you have been subjected to age discrimination in employment, contact Robert Abell at 859-254-7076. 




 
]]> http://www.robertabelllaw.com/blog/dock%2Dworkers%2Dsettle%2Dage%2Ddiscrimination%2Dsuit%2Dfor%2D400%2D000%2Ecfm www.robertabelllaw.com-81824 Wed, 16 May 2012 08:00:00 GMT ACS call-center employees in Washington state have sued ACS, its parent, Xerox Corporation, and another Xerox subsidiary, LiveBridge, for unpaid overtime compensation. The suit claims that ACS required call-center employees to perform unpaid work before and after their shifts. The suit, which seeks class-action status, seeks to cover persons employed in Washington state as Customer Care Assistants, Customer Care Reps, Customer Service Reps, Customer Service Associates, or in other similar positions between April 24, 2008, and the present. A copy of the ACS Call Center Unpaid Overtime Suit can be read here.
Source: Top Class Actions
Lexington Kentucky overtime lawyer Robert Abell represents employees seeking their unpaid wages and overtime compensation; contact him at 859-254-7076.

]]> http://www.robertabelllaw.com/blog/acs%2Dcall%2Dcenter%2Demployees%2Dsue%2Dfor%2Dunpaid%2Dovertime%2Ecfm www.robertabelllaw.com-81087 Tue, 08 May 2012 08:00:00 GMT Wal-Mart has agreed to pay $4.8 million in overtime compensation as a result of a federal Department of Labor investigation.  The company will also pay over $400,000 in fines.  The employees worked in the jobs of Asset Protection Coordinator and Vision Center Manager and the company misclassified them as exempt from overtime compensation requirements.
Source:  Reuters
Misclassifying employees as exempt from overtime is a common violation of federal and Kentucky state overtime laws; if you have been misclassified or not been paid the overtime that you have earned, contact Lexington, Kentucky overtime lawyer at 859-254-7076.
]]> http://www.robertabelllaw.com/blog/wal%2Dmart%2Dto%2Dpay%2D4%2D8%2Dmillion%2Din%2Dovertime%2Dand%2Dfined%2Ecfm www.robertabelllaw.com-80803 Thu, 03 May 2012 08:00:00 GMT Can hospitals charge uninsured patients more than they charge insured patients?  The Indiana Supreme Court will decide this issue in a case on which it will hear argument from lawyers on May 10 reports the Indianapolis Star, "Uninsured Patients' Lawsuit Carries High Stakes for Area Hospitals."  The case arises from an aspect of Indiana law to the effect that where there is no specific price stated for a service (a medical procedure here) it still must be reasonable; one definition of a reasonable price under Indiana law is the price charged to others for the same procedure. So if a hospital charges a higher fee for a service to an uninsured patient than it does to an insured patient, is the fee charged the uninsured patient reasonable? 


Lexington, Kentucky insurance lawyer Robert Abell represents families, policyholders and claimants where they need help regarding a claim within insurance company; contact him at 859-254-7076.    
]]> http://www.robertabelllaw.com/blog/can%2Dhospitals%2Dcharge%2Duninsured%2Dpatients%2Dmore%2Dthan%2Dinsured%2Dpatients%2Ecfm www.robertabelllaw.com-80667 Wed, 02 May 2012 08:00:00 GMT The online site Yelp has settled an overtime suit on behalf of account executives for $1.25 million. The suit claimed that the employees were misclassified as exempt from overtime compensation laws.  The settlement mainly affects employees in California; another overtime suit is pending in Illinois.

Source: Gigaom.com

Read the proposed Yelp overtime settlement. 

Misclassification of employees as exempt from overtime compensation laws is a common violation of the federal Fair Labor Standards Act and Kentucky wage and hour law. If you have not been paid the wages or overtime you have earned, contact Lexington overtime lawyer Robert Abell at 859-254-7076.   
]]> http://www.robertabelllaw.com/blog/yelp%2Dsettles%2Dovertime%2Dsuit%2Dfor%2D1%2D25%2Dmillion%2Ecfm www.robertabelllaw.com-80634 Tue, 01 May 2012 08:00:00 GMT A grocery store co-manager has sued the supermarket chain, Ingles Markets, for unpaid overtime compensation. Nathan Gilliard claims in the suit that he has been a salaried nonexempt co-manager that the grocery store refused to pay him overtime when he worked overtime and docked his pay when he worked less than 36 hours in a week.  Gilliard also asks that the case be certified as a class action.

Source: Knoxville News-Sentinel

This case appears to be one where Gilliard has been misclassified as exempt from overtime based on the notion that he is paid a salary. But if a "salaried" employee has his pay reduced based on the number of hours he works in a week, he is not actually salaried and the overtime exemption does not apply.

Lexington, Kentucky overtime lawyer Robert Abell represents individuals and employees in cases for overtime compensation; contact him at 859-254-7076.   
]]> http://www.robertabelllaw.com/blog/supermarket%2Dsued%2Dfor%2Dovertime%2Dby%2Dco%2Dmanager%2Ecfm www.robertabelllaw.com-79824 Fri, 20 Apr 2012 08:00:00 GMT Following jury findings of race discrimination and retaliation against it New York City settled with a city employee for $750,000.  Sandra Glaves-Morgan, a lawyer in the city's Human Resources Agency, persuaded the jury that she had been discriminated against based on her race and retaliated against after she reported apparently preferential contracting practices by the agency.  The jury awarded her $420,000 in compensatory damages and found that she was also entitled to punitive damages.  The settlement was reached before the jury determined the punitive damages.

Source:  New York Times

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals and employees in discrimination and retaliation cases; contact him at 859-254-7076. 
]]> http://www.robertabelllaw.com/blog/city%2Dsettles%2Ddiscrimination%2Dcase%2Dfor%2D750%2D000%2Ecfm www.robertabelllaw.com-79671 Thu, 19 Apr 2012 08:00:00 GMT A teacher in Florida has filed a whistleblower suit claiming that she was fired for refusing to falsify students' grades at a charter school.   The teacher, Angenora Mechato, claims that the charter school, Mavericks High School in Palm Springs, Florida, asked her to sign off on grading sheets for classes that she did not teach or that the school did not offer. She claims that the charter school attempts to get more money from the state by falsely inflating its student enrollment.

Source: Palm Beach Post-News

Lexington, Kentucky whistleblower lawyer Robert Abell represents employees in whistleblower suits; contact him at 859-254-7076.  
]]> http://www.robertabelllaw.com/blog/whistleblower%2Dclaims%2Dshe%2Dwas%2Dasked%2Dto%2Dfalsify%2Dgrades%2Dat%2Dcharter%2Dschool%2Ecfm www.robertabelllaw.com-79530 Tue, 17 Apr 2012 08:00:00 GMT A Montana woman has won a $34.2 million verdict against Ability Insurance Company for the bad-faith termination of her assisted living insurance benefits.  Arlene Hull, age 90, lived in an assisted living facility after having been diagnosed with Alzheimer's disease in 2007. Her insurance company, Ability Insurance Company of Omaha, Nebraska, terminated her assisted living benefits (the money she used to pay the facility where she lived) claiming that she had improved and no longer suffered severe cognitive impairment.  The jury's verdict included $250,000 for breach of contract, $2 million for violation of Montana's Unfair Trade Practices Act and $32 million in punitive damages.  

Source: Yahoo News

The jury in this case was obviously outraged by the insurance company's bad-faith conduct, as shown by the $32 million in punitive damages assessed.  That sum will be reduced at least to $10 million, because Montana has a punitive damage cap. But the insurance company appears to have got what it deserved for terminating the benefits on a 90-year old woman and claiming that her Alzheimer's had improved so much that she no longer qualified for coverage.

Lexington, Kentucky bad-faith insurance lawyer Robert Abell represents individuals and families in disputes with insurance companies; contact him at 859-254-7076.  
]]> http://www.robertabelllaw.com/blog/bad%2Dfaith%2Dtermination%2Dof%2Dassisted%2Dliving%2Dbenefits%2Dresults%2Din%2D34%2D2%2Dmillion%2Dverdict%2Dagainst%2Dinsur%2Ecfm www.robertabelllaw.com-79529 Mon, 16 Apr 2012 08:00:00 GMT An age discrimination suit against a New York law firm, Kelley Drye, brought by the EEOC has been settled for $570,000.  The suit claimed that the law firm discriminated against lawyers older than 70 by stripping them of the ownership interests and management rights and reducing their pay to a discretionary annual bonus.  The law firm, in addition to paying $570,000 to its former partner, Eugene D'Ablemont, agreed that it would no longer reduce partner compensation solely based on age and would require its members to undergo two hours of age discrimination training each year.

Source: Bloomberg.com

Lexington, Kentucky age discrimination lawyer Robert Abell represents employees in age discrimination cases; contact him at 859-254-7076. 
]]> http://www.robertabelllaw.com/blog/age%2Ddiscrimination%2Dcase%2Dagainst%2Dlaw%2Dfirm%2Dsettled%2Ecfm www.robertabelllaw.com-79303 Thu, 12 Apr 2012 08:00:00 GMT Motorcycle crashes in Kentucky are up 69% from the same period in 2011.  Kentucky State Police have launched a safety campaign on social media sites Facebook, Twitter and YouTube.  See State Police Concerned About Increase in Motorcycle Crashes. 




Lexington, Kentucky motorcycle accident lawyer Robert Abell represents individuals and riders injured in motorcycle crashes and accidents; contact him at 859-254-7076.
]]> http://www.robertabelllaw.com/blog/kentucky%2Dmotorcycle%2Dcrashes%2Dup%2D69%2Ecfm www.robertabelllaw.com-79056 Mon, 09 Apr 2012 08:00:00 GMT A whistleblower lawsuit under the federal False Claims Act against WellCare Health Plans regarding alleged Medicare and Medicaid fraud has been settled for $137.5 million.  The whistleblower, Sean Hellein, a former financial analyst for WellCare, secretly recorded meetings where company executives discussed how to double-bill Medicare and Medicaid. Hellein will receive nearly $21 million for his role as a whistleblower. The settlement also resolved a number of related cases involving WellCare.

Source: Tampa Bay Times

The federal False Claims Act allows whistleblowers who report fraud on the federal government by contractors and suppliers such as double-billing or over-billing Medicare and/or Medicaid to recover 15-25% of the monies gained by the company due to the fraudulent conduct. 

Lexington, Kentucky whistleblower lawyer Robert Abell represents whistleblowers in cases under the federal False Claims Act; contact him at 859-254-7076. 
]]> http://www.robertabelllaw.com/blog/medicare%2Ecfm www.robertabelllaw.com-78767 Wed, 04 Apr 2012 08:00:00 GMT Information technology workers employed in the United States by the Indian conglomerate Tata Sons have had their suit for unpaid overtime and wages granted class action status. More than 10,000 workers may be included in the class.  The case is pending in federal district court in Oakland, Vedachalam v. Tata America International Corporation et al.

Source: Chicago Tribune

Lexington, Kentucky overtime lawyer Robert Abell represents employees and workers seeking recovery of their unpaid wages and overtime; contact him at 859-254-7076.
]]> http://www.robertabelllaw.com/blog/it%2Dworkers%2Dsuit%2Dfor%2Dwages%2Ecfm www.robertabelllaw.com-78702 Tue, 03 Apr 2012 08:00:00 GMT A sexual harassment lawsuit against Aaron's, the rental company, has been settled for $6 million. A federal court jury originall returned a verdict awarding $95 million to the victim, an amount that was reduced due to various laws capping damages to $39.8 million; the federal judge that presided over the trial remarked that the verdict was "excessive"; the parties settled the case before the judge made any further rulings. 

Source: Sacramento Bee

Almost no matter what the facts are, $95 million for damages in a sexual harassment case surely seems not just excessive but very, very excessive.  The settlement therefore seems appropriate, as $6 million is very substantial.

Lexington, Kentucky sexual harassment lawyer Robert Abell represents individuals and employees victimized by sexual harassment in the workplace; contact him at 859-254-7076. 
]]> http://www.robertabelllaw.com/blog/sexual%2Dharassment%2Dlawsuit%2Dagainst%2Daaron%2Ds%2Dsettled%2Dfor%2D6%2Dmillion%2Ecfm www.robertabelllaw.com-78350 Fri, 30 Mar 2012 08:00:00 GMT Defense contractor Lockheed Martin has settled two whistleblower suits under the False Claims Act claiming that it defrauded the federal government by overcharging it for tools used on military aircraft. The settlement was for $15.9 million.  The claim was that Lockheed Martin knowingly passed on to the government overcharges from a subcontractor. The whistleblowers will receive $2 million of the settlement.

Source: Bloomberg Business News

The federal False Claims Act allows whistleblowers to bring suit on behalf of the U.S. government to recover monies that the government has been defrauded of by contractors or suppliers. The whistleblower is permitted under the False Claims Act to keep 15-25% of the monies recovered.

If you are aware of a supplier or contractor defrauding the federal government, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.
]]> http://www.robertabelllaw.com/blog/lockheed%2Dmartin%2Dpricing%2Dfraud%2Dwhistleblower%2Dsuits%2Dsettled%2Dfor%2D15%2D9%2Dmillion%2Ecfm www.robertabelllaw.com-78257 Wed, 28 Mar 2012 08:00:00 GMT FedEx has settled a hiring discrimination case for $3 million; it will also, as part of the settlement, revamp its hiring process with an eye toward eliminating the kind of discrimination at issue in the case.  A federal investigation found that FedEx engaged in race, national origin and/or gender discrimination against 21,635 job applicants at various facilities in 15 different states.  Also as part of the settlement FedEx will offer jobs to 1,703 of these applicants as jobs become open.

Source: New York Times

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals in race discrimination, gender discrimination and national origin discrimination cases; contact him at 859-254-7076. 
]]> http://www.robertabelllaw.com/blog/fedex%2Dsettles%2Dhiring%2Ddiscrimination%2Dcase%2Dfor%2D3%2Dmillion%2Ecfm www.robertabelllaw.com-78349 Wed, 28 Mar 2012 08:00:00 GMT A whistleblower lawsuit filed in Minnesota under that state's False Claims Act alleges that MetLife and Prudential Financial have failed to pay millions in life insurance benefits. The suit centers on how the companies handle unclaimed life insurance benefits; under Minnesota law life insurance companies are required to notify the state when life insurance benefits are unclaimed for three or more years and to turn the monies over to the state, which is then required to try and locate the appropriate beneficiaries.  The suit was filed in federal district court in Minneapolis; similar suits in California and Florida were settled by Prudential.

Source: Minneapolis Star-Tribune 

Lexington, Kentucky insurance claims lawyer Robert Abell represents claimants and policyholders seeking insurance policy benefits owed them; contact him at 859-254-7076.
]]> http://www.robertabelllaw.com/blog/whistleblower%2Dsuit%2Dclaims%2Dmetlife%2Ecfm www.robertabelllaw.com-78256 Tue, 27 Mar 2012 08:00:00 GMT A terrible wreck that a jury found was caused by a police officer's negligence in driving his patrol car and killed a man has resulted in a $2 million wrongful death verdict for the man's widow. Willie Allen Sargent Jr. of Snellville, Georgia was killed when a county police officer hit his car; the police car was traveling about 80 miles an hour with no siren or safety lights on. 

Source: Atlanta Journal-Constitution 

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured by the negligence of others; contact him at 859-254-7076.  
]]> http://www.robertabelllaw.com/blog/2%2Dmillion%2Dverdict%2Din%2Dwreck%2Dcaused%2Dby%2Dpolice%2Dofficer%2Ecfm www.robertabelllaw.com-78075 Mon, 26 Mar 2012 08:00:00 GMT A female job applicant who was hired and had her job offer rescinded after the company learned she was pregnant has settled her pregnancy discrimination case for $140,000. The applicant was told she was hired for a position as an executive assistant for Olam America, a huge agribusiness company in California. However, after the company learned she was pregnant, it rescinded her hiring and then gave the job to a non-pregnant applicant.  

Source: Fresno Bee 

Pregnancy discrimination is a form of gender discrimination that violates both federal and Kentucky state law.

If you have suffered gender discrimination in employment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.   
]]> http://www.robertabelllaw.com/blog/pregnancy%2Ddiscrimination%2Dcase%2Dsettled%2Dfor%2D140%2D000%2Ecfm www.robertabelllaw.com-78074 Sun, 25 Mar 2012 08:00:00 GMT A motorcyclist was killed when a bus driver negligently failed to look out for oncoming traffic and pulled out in front of him.  The motorcyclist, Michael Heaston of Centralia, Mo., was killed when his motorcycle struck a city bus that had pulled out in front of him making a turn. His family's wrongful death lawsuit was settled for $1.4 million.

Source: Columbia Daily Tribune

There are many questions that individuals and families face following a motorcycle or other vehicle accident: 

Is a motorcyclist covered by no-fault?

What damages can be recovered if my spouse is killed in a car wreck?

What do you have to prove in a Kentucky personal injury lawsuit?

What if the driver who caused the accident that injured me doesn't have any insurance?

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families in accident and wrongful death cases; contact him at 859-254-7076. 
]]> http://www.robertabelllaw.com/blog/motorcyclist%2Ds%2Dfamily%2Dsettles%2Dwrongful%2Ddeath%2Dlawsuit%2Dagainst%2Dbus%2Dcompany%2Dfor%2D1%2D4%2Dmillion%2Ecfm www.robertabelllaw.com-77603 Fri, 23 Mar 2012 08:00:00 GMT