Traumatic Brain Injury Lawsuit Claims Stanford Failed to Provide Proper Medical Care

One of the athletes in Stanford’s NCAA volleyball program claims she was not provided proper medical care in a traumatic brain injury lawsuit.

The Case: Hayley Hodson v. Stanford University, NCAA, etc.

The Court: Los Angeles County Superior Court of the State of California

The Case No.: 22STCV36533

The Plaintiff: Hayley Hodson v. Stanford University, NCAA, etc.

The plaintiff in the case, Hayley Hodson, was the star player for Stanford’s women’s volleyball team in 2015. Hodson claims that as a result of Stanford’s actions and lack of action, she sustained brain injuries that affected her game on the volleyball court and her day-to-day life off the court.

The Defendant: Hayley Hodson v. Stanford University, NCAA, etc.

The defendants in the case are mainly Stanford University and NCAA. Stanford University ran an NCAA volleyball program in which the plaintiff was a star player in 2015. The NCAA, or National Collegiate Athletic Association, is an unincorporated association of private and public colleges and universities designed to govern collegiate athletics.

The Case: Hayley Hodson v. Stanford University

In 2015, Hodson allegedly showed signs of a brain injury following a forceful hit to the head during a Stanford women’s volleyball team practice. Hodson described her symptoms as migraines, changes in vision, exhaustion, mood swings, and fatigue, all brain injury symptoms. Stanford coaches and trainers were present at the time of the injury. They allegedly failed to provide necessary treatment, leaving Hodson to cope with untreated brain injuries for a significant amount of time. Instead, Hodson was instructed to continue performing in multiple drills and to play in a tournament (just two days after the initial injury). Coaching staff insisted she continues training and even took a flight to attend a game (exposing her untreated brain injury to a pressurized cabin in-flight). Hodson sustained a second injury during a game within two weeks of the initial injury. She wasn’t even pulled from the game to be checked by the team trainers. She barely remembers the rest of the match and states that it was the last time she played well. Following that season’s final loss, Hodson’s health spiraled; her ability to perform athletically failed, she couldn’t sleep, she lost her appetite, she couldn’t study or seem to learn anything new, and she had anxiety about being alone. After years of suffering and struggling, physicians diagnosed Hodson with post-concussion syndrome. In addition to damages for pain, suffering, and lost volleyball income, Hodson’s lawsuit seeks to require the NCAA to include brain injury warning labels on volleyballs; train college coaches and trainers to identify and provide appropriate treatment for brain injuries; and monitor and discipline any coaches or athletic trainers who fail to do so.

If you have questions about how to file a California traumatic brain injury lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced traumatic brain injury attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

California Class Action Lawsuit Alleges TriCom Networks, Inc. Failed to Provide Required Meal and Rest Breaks

In a recently filed California class action lawsuit, California employees allege TriCom Networks, Inc., their employer, violated the labor code.

The Case: Coleman Bud Mathews IV v. TriCom Networks, Inc.

The Court: San Diego County Superior Court of the State of California

The Case No.: 37-2023-00001267-CU-OE-CTL

The Plaintiff: Coleman Bud Mathews IV v. TriCom Networks, Inc.

The plaintiff in the case, Coleman Bud Mathews IV, started working for TriCom Networks, Inc. in December 2021. He was employed there as an hourly, non-exempt employee through May 2022. During his time with TriCom Networks, Inc., Mathews claims that the company’s policy and standard practices regarding the payment of minimum wage, the calculation and payment of overtime, and required meal breaks and rest periods violated employment law. Mathews filed a class action.

The Defendant: Coleman Bud Mathews IV v. TriCom Networks, Inc.

The defendant in the case, TriCom Networks, Inc., is a California that employed the plaintiff during the class period. According to the class action lawsuit, TriCom Networks allegedly violated various California Labor Codes.

The Allegations: Coleman Bud Mathews IV v. TriCom Networks, Inc.

The allegations included in the class action fall under California Labor Code Sections §§ s 201, 202, 203, 204, 210, 226, 226.7, 510, 512, 558, 1194, 1197, 1197.1, 1198, and 2802. The California employer allegedly failed to:

1. pay minimum wages

2. pay overtime wages

3. provide employees with required rest periods and meal breaks

4. reimburse employees for required business expenses

5. provide accurate itemized wage statements*

*According to California Labor Code Section 226, employers must provide workers with an accurate itemized wage statement (in writing) that includes the employee’s gross wages earned, total hours worked, piece rate, and the number of piece-rate units earned (if applicable), any deductions taken, net wages, the dates specifying the pay period, the employee’s name, the last four digits of the employee’s social security number or employee id number, the employer’s name and address, hourly rates of pay (any that are in effect and applicable to the current pay period) and the numbers of hours paid at each hourly rate for the employee.

The Case: Coleman Bud Mathews IV v. TriCom Networks, Inc.

The plaintiff claims that during the time spent employed by TriCom Networks, Inc., meal break violations, rest period violations, unreimbursed business expenses, wage statement violations, off-the-clock work resulting in minimum wage and overtime pay violations, unlawful rounding practices, timekeeping manipulation, etc. resulted in losses for the plaintiff and others in similar situations with the company. The class action seeks compensation for these losses.

If you have questions about how to file a California overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Jeronimo Logistics LLC Faces a Wage and Hour Lawsuit

A recent California lawsuit alleges that Jeronimo Logistics LLC violated California Labor Code by failing to pay employees for all their hours worked.

The Case: John Bruns v. Jeronimo Logistics LLC

The Court: Orange County Superior Court of the State of California

The Case No.: 30-2023-01300011-CU-OE-CXC

The Plaintiff: John Bruns v. Jeronimo Logistics LLC

The plaintiff in the case, John Bruns, was employed by Jeronimo Logistics LLC from August 2021 to December 2021. Bruns received his last paycheck in January 2022. During his time with the company, Bruns was classified as a non-exempt, hourly employee entitled to the legally required meal and rest periods, minimum, and overtime wages due for all hours worked.

The Defendant: John Bruns v. Jeronimo Logistics LLC

The defendant in the case, Jeronimo Logistics LLC, provides logistics and freight transportation for customers throughout California, including the County of Orange. They provide trucking, delivery services, messenger services, courier services, fulfillment services, and warehousing.

The Case: John Bruns v. Jeronimo Logistics LLC

The plaintiff, John Bruns, filed the California class action on behalf of himself and a California class to seek compensation for the losses they allegedly incurred during the specified class period due to Jeronimo Logistics LLC’s standard policy and business practices. The company reportedly implemented unlawful, unfair, and deceptive business practices by retaining employees’ wages due (in violation of both minimum wage requirements and overtime pay requirements), failing to provide accurate itemized wage statements, failing to provide required meal breaks and rest periods, and failing to reimburse employees for required work expenses.

If you have questions about how to file a California overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Burton Restaurants, LLC is Facing Allegations that They Failed to Provide Accurate Wage Statements

According to employment law, employers must provide employees with accurate, itemized wage statements. In a recently filed California employment law complaint, employees allege Burton Restaurants, LLC failed to comply with this requirement.

The Case: Whitfield & Valdez v. Burton Restaurants, LLC & High Performance Hospitality, LLC

The Court: San Diego County Superior Court

The Case No.: 37-2023-00001045-CU-OE-CTL

The Plaintiff: Whitfield & Valdez v. Burton Restaurants, LLC

The plaintiffs in the case, Whitfield and Valdez, filed a class action lawsuit against Burton Restaurants, LLC. In the class action, the plaintiffs allege that the company violated the California Labor Code.

The Defendant: Whitfield & Valdez v. Burton Restaurants, LLC

The defendants in the case, Burton Restaurants, LLC, and High Performance Hospitality, LLC, are identified as joint employers by the plaintiff for the purposes of this class action. According to the class action complaint, the defendants allegedly failed to pay minimum wages, failed to pay overtime wages, failed to provide meal and rest periods required by employment law, failed to provide employees with required accurate, itemized wage statements, failed to reimburse employees for required expenses, and failed to provide employees with wages when they were due. The allegations violated numerous California Labor Codes, including §§ 201-204, 226, 226.7, 233, 246, 510, 512, 1194, 1197, 1197.1, 2802, and the applicable Wage Order(s).

The Case: Whitfield & Valdez v. Burton Restaurants, LLC

The lawsuit against Burton Restaurants, LLC is pending in the San Diego County Superior Court.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Real Time Staffing Services, Employbridge and Lakeshore Learning Materials Face Wage and Hour Lawsuit

In a recently filed wage and hour lawsuit, California employees claim that Real Time Staffing Services, Employbridge, and Lakeshore Learning Materials violated the California Labor Code by failing to provide employees with timely, off-duty meal and rest periods required by law.

The Case: Zelaya v. Real Time Staffing Services, LLC, et al.

The Court: Los Angeles County Superior Court of the State of California

The Case No.: 23STCV01037

The Plaintiff: Zelaya v. Real Time Staffing Services, LLC, et al.

The plaintiff in the case, Zelaya, was an employee of Real Time Staffing Services (or another listed defendant) from March 2022 through May 2022. During his time employed with the company, Zelaya was classified as a non-exempt employee and paid hourly. As a non-exempt, hourly employee, Zelaya was entitled to employment law protections, including minimum wage, overtime pay, etc. Zelaya was assigned to work at a Defendant Lakeshore Learning facility. The plaintiff brought a Class Action lawsuit on behalf of himself and a California class of other employees and former employees of the defendant as non-exempt employees in California who were assigned to work at the Defendant’s Lakeshore Learning location during the specified period.

The Defendant: Zelaya v. Real Time Staffing Services, LLC, et al.

The defendant in the case, Real Time Staffing Services, LLC, et al., employed the plaintiff as an hourly employee with non-exempt status in California (or acted on behalf of their employer) who either paid or caused to be paid a rate less than minimum wage allegedly in violation of employment law.

The Case: Zelaya v. Real Time Staffing Services, LLC, et al.

According to the California class action allegations, the defendants failed to provide employees with timely, off-duty meal breaks and rest periods. The California employer allegedly violated numerous California Labor Code Sections, including §§ 201, 202, 203, 204, 226, 226.7, 246, 510, 512, 558, 1194, 1197, 1197.1, 1198. The alleged employment law violations included:

● Failed to pay minimum wage

● Failed to pay overtime wages

● Failed to provide required meal and rest periods

● Failed to provide employees with accurate itemized wage statements

● Failed to provide employees with wages when they were due

In addition, the class action claims that the defendants violated the Private Attorneys General Act (PAGA), giving rise to civil penalties. Under PAGA, aggrieved employees can file a lawsuit to recover civil penalties on their own behalf, on behalf of other employees, and on behalf of the State of California due to Labor Code violations. Under PAGA, an aggrieved employee can become a deputized private attorney general to enforce Labor Code.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

The Permanente Medical Group, Inc. Allegedly Failed to Pay Sick Wages

In recent news, The Permanente Medical Group faces allegations they violated employment law when they failed to pay sick wages to employees.

The Case: Erica Morris v. The Permanente Medical Group

The Court: Sacramento County Superior Court

The Case No.: 34-2022-00332012

The Plaintiff: Erica Morris v. The Permanente Medical Group

The plaintiff in the case, Erica Morris, was employed by The Permanente Medical Group in 2008. Morris was classified as a non-exempt employee and paid hourly during her employment. As such, she was entitled to legally required meal breaks, rest periods, minimum wage, and overtime pay due for all hours worked. The plaintiff brought the class action wage and hour lawsuit on behalf of herself and other employees and former employees in similar situations during the four years preceding the filing of the complaint (with an end date for qualification as determined by the court). The plaintiff seeks losses incurred by employees due to their employer’s policies and practices on wage payment.

The Defendant: Erica Morris v. The Permanente Medical Group

The defendant in the case, The Permanente Medical Group, is a California Corporation providing medical services to clients throughout California. The group is headquartered in Oakland, California.

The Case: Erica Morris v. The Permanente Medical Group

According to the plaintiff in the case, the employer required employees to work off the clock, did not provide required off-duty meal breaks, did not pay employees for all hours worked due to a practice of rounding employee hours, required employees to submit to mandatory temperature checks and symptom questionnaires off the clock, etc. As a result of these standard practices, the plaintiff claims their employer violated labor law by failing to pay minimum wage, failing to pay overtime pay, and failing to provide off-duty meal breaks. Additionally, the plaintiff claims that the employer’s failure to incorporate incentive pay into their regular rate of pay when calculating overtime violated their rights under employment law. The Complaint also alleges that The Permanente Medical Group, Inc. did not pay employees accurate sick pay wages (in violation of California Labor Code Section 246). When the company paid sick pay wages, they allegedly paid them at a base pay rate that did not include the higher pay rate generated by earned non-discretionary incentive wages employees routinely earned.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Can Earned Wages Due on Weekends Be Paid the Next Weekday?

In recent news, the court held that earned wages due on weekends can generally be paid the next weekday.

The Case: Parsons v. Estenson Logistics

The Court: Sacramento Superior Court

The Case No.: 34-2018-00247176-CU-OE-GDS

The Plaintiff: Parsons v. Estenson Logistics

The plaintiff in the case, Mr. Parsons, received pay through the company’s weekly pay period running from Sunday through the following Saturday. Parsons alleged that the delay between the end of the pay period and when the employer issued payment to employees violated Labor Code section 204, subdivision (d).

The Defendant: Parsons v. Estenson Logistics

The defendant in the case, Estenson Logistics, had a standard practice to pay their employees on the second Monday after the pay period (aka typically nine calendar days after the pay period). Parsons v. Estenson Logistics clarifies a gray area and provides California employers with common sense flexibility for paying earned wages when a payday falls on a weekend.

The Case: Parsons v. Estenson Logistics

When the Court disagreed with the plaintiff’s argument that the delay in payment was a legal violation, they reasoned that California Code of Civil Procedure section 12a (Section 12a) governed the employer’s timely payment obligations (under Labor Code § 204); and that since Section 12a extends deadlines falling on holidays to the following non-holiday, Estenson’s practice of paying their employees on Monday after the weekend deadline for payment was a legal practice. In Parsons v. Estenson Logistics, the court held that when weekly-paid wages are due on a weekend or a holiday, they can legally be paid on the next day that is not a holiday. In essence, the Court set forth a common-sense “exception” to the seemingly inflexible rules about the timely payment of employee wages in California.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wage and hour attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.