Jan 19, 2022 | Car Problems Car Complaints
On January 14, 2022, a class action lawsuit was filed in United States District Court, Central District of California, against Ford Motor Company, Inc. (“Ford”) and other defendants, as of yet unknown, stemming from Ford’s alleged failure to accurately and comprehensively identify the vehicle parts that should properly be classified as “high-cost emissions warranty parts” under California’s emission warranty requirements and covered under the emissions warranty for 7-years and 70,000 miles.
According to the lawsuit, Ford, to minimize its warranty exposure, unilaterally limited the parts that should be covered under the emissions warranty for 7-years and 70,000 miles, including the parts specifically identified by the Plaintiff. Ford, according to the complaint, by not comprehensively identifying the parts that should be included as “high-cost” warranty parts, is able to limit the warranty coverage for those parts, thus saving money.
The lawsuit is seeking reimbursement for, among other things, all out of pocket costs paid for repairs that should have been covered under the 7-years and 70,000-mile emissions warranty and an injunction to compel Ford to properly identify parts as high-priced warranty parts.
The Class Vehicles are defined in the class action complaint as all Ford vehicles with the following proposed Classes:
Cylinder Head & Cylinder Wall Classes – All persons in California who have been owners or lessees of Class Vehicles and who have paid for repairs and parts pertaining to defective cylinder heads and cylinder walls that should have been covered under Ford’s “high-priced warranted parts” 7-year 70,000-mile California emissions warranty.
“High-Cost Class” – All persons in California who have been owners or lessees of Class Vehicles and who have paid for repairs and parts that should have been covered under Ford’s “high-priced warranted parts” 7-year 70,000-mile California emissions warranty.
VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO COMPLETE THE FORM ABOVE ON THE RIGHT OR CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.
Jan 19, 2022 | Overtime & Wages
Characteristics Of The Warehouse & Wholesale Industries
The warehouse industry includes central warehouses for a business enterprise, public warehouses, and storage establishments.
The wholesale industry is characterized by the sale of goods for resale, rather than sales to the ultimate consumer.
All employees of wholesale or warehouse employers whose gross annual dollar volume of sales made or business done is not less than $500,000 are covered by the FLSA.
Even if a wholesale or warehouse business is not a covered enterprise, most employees will be covered by the FLSA on an individual basis. Individual coverage applies to all employees who are engaged in interstate commerce or the production of goods for commerce. Such employees include persons who receive, ship, transport, or load goods that are moving in commerce or who prepare or transmit documents relating to such shipments. Other individuals, such as guards, janitors and maintenance employees who perform duties which are closely related and directly essential to such interstate activities, are also covered by the FLSA.
FLSA Pay Requirements
The FLSA sets basic minimum wage and overtime pay standards and regulates the employment of minors. Covered, nonexempt employees must be paid the federal minimum wage. Non-exempt employees must also be paid time and one-half their regular rates of pay for all hours worked over 40 per workweek, regardless of whether paid an hourly rate, salary, piece rate, commission or other basis. Each workweek stands alone and there can be no averaging of hours over two or more workweeks.
Youth Minimum Wage: The 1996 Amendments to the FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment by their employer. The law contains certain protections for employees that prohibit employers from displacing any employee in order to hire someone at the youth minimum wage.
No one under the age of 16 may work in a warehouse. Warehouse employers may not employ anyone under 16 years of age. Wholesalers may have employees as young as 14 in certain jobs, but only during closely regulated hours and in very limited occupations. Employees under age 18 may not engage in occupations which have been declared hazardous, including operating most power-driven hoisting apparatus such as forklifts.
Federal regulations, 29 CFR Part 516, specify the records which are to be kept on each employee. Most of the required records are of the type generally maintained by employers in ordinary business practices (e.g., employee names, addresses, hours of work, rates of pay, wages, deductions). These must usually be maintained for a 3-year period.
There may be employees within a covered business who are exempt from the minimum wage and/or overtime provisions of the FLSA. Bona fide executive, administrative and outside sales persons are exempt from both minimum wage and overtime provisions, if all the tests of the exemptions are met. Interstate drivers, mechanics, and loaders may be exempt from the FLSA’s overtime provisions.
Some Typical Problems Of The Wholesale & Warehouse Industries
- Employment of underage minors, especially in the operation of fork lifts and paper balers.
- Misapplication of the executive or administrative exemptions to non-exempt individuals, such as clerical workers, working forepersons, dispatchers, and inside salespersons.
- The misconception that salaried employees need not be paid overtime.
- Failure to pay employees for all hours suffered or permitted to work, including, for example, time spent taking inventory, and completing paperwork, beyond the normal schedule.
- Failure to maintain time records on salaried or piece-rate employees.
- Giving compensatory time off in lieu of overtime pay.
- Considering certain employees to be “contract labor” and, thus, not covered by the FLSA’s provisions.
- Deductions made for reasons other than, for example, board and lodging, in overtime work weeks.
Source: U.S. Department of Labor (Fact Sheet #10, Revised July 2008)
Warehouse and Wholesale employees who believe they are victims of wage and hour violations are encouraged to contact Kehoe Law Firm, P.C. by completing the form above on the right or via [email protected] for a free, no-obligation evaluation of potential legal claims.
Jan 19, 2022 | Car Problems Car Complaints
Ford E-350 (2021-2022) / Ford E-450 (2021-2022)
Power steering pressure line may detach and leak. A sudden loss of power steering fluid can result in a loss of power steering and power brake assist, increasing the risk of a crash. For more information about this recall, which potentially affects 44,219 Ford vehicles, please click NHTSA Campaign Number: 22V089000.
Ford Explorer (2022) / Lincoln Aviator (2022)
Fuel filler tube may detach. A detached fuel filler tube can result in a fuel leak, increasing the risk of a fire. For more information about this recall, which potentially affects 18,078 Ford vehicles, please click NHTSA Campaign Number: 22V088000.
Ford F-250 SD (2017-2022) / Ford F-350 SD (2017-2022)
Damaged drive shaft may fracture. A fractured driveshaft can cause a loss of drive power, or a loss of vehicle control if the driveshaft contacts the ground. Additionally, unintended movement could occur while parked if the parking brake is not engaged. Any of these scenarios can increase the risk of a crash. Ford Motor Company is recalling certain 2017-2022 F-250 and F-350 Super Duty vehicles equipped with gasoline engines and aluminum driveshafts. Underbody heat and noise insulators may loosen and contact the aluminum driveshaft, which could damage the driveshaft and cause it to fracture. For more information about this recall, which potentially affects 247,445 Ford vehicles, please click NHTSA Campaign Number: 22V087000.
Ford Mustang (2015-2017)
Blank or distorted rearview camera image. A rearview camera that displays a blank or distorted image can reduce the driver’s rear view, increasing the risk of a crash. Ford Motor Company is recalling certain 2015-2017 Mustang vehicles. The rearview camera wiring may be loose or damaged, which can result in a blank or distorted image. For more information about this recall, which potentially affects 330,784 Ford Mustangs, please click NHTSA Campaign Number: 22V082000.
2021 Ford Super Duty F-250 / F-350 SD / F-450 SD / F-550 SD / F-600 SD / F-650 / F750
Secondary fuel filter may leak. A fuel leak in the presence of an ignition source can increase the risk of a fire or injury. Ford is recalling certain 2021 Super Duty F-250, F-350, F-450, F-550, F-600, and Medium Duty F-650 and F-750 vehicles equipped with 6.7L diesel engines, as a small void may be present in the top-center of the vehicle’s underhood secondary fuel filter cap, which may progress to a pinhole over time, allowing fuel to leak from the top of the secondary fuel filter. For more information about this recall, which potentially affects 19,697 Ford vehicles, please click NHTSA Campaign Number: 22V013000.
Ford Fusion (2014-2015) / Ford Mustang (2015) / Lincoln MKZ (2014-2015)
Brake light malfunction and possible rollaway risk. A separated brake pedal bumper can cause the brake lights to illuminate continuously, causing confusion to other drivers and increasing the risk of a crash. On automatic transmission vehicles, a missing brake pedal bumper can allow the driver to shift the vehicle out of the “PARK” position without depressing the brake, allowing the vehicle to roll away, increasing risk of injury. Ford Motor Company is recalling certain 2014-2015 Fusion, Lincoln MKZ, and 2015 Mustang vehicles originally sold or ever registered, in Texas, Louisiana, Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, Virginia and Hawaii. Exposure to certain environmental conditions, such as high temperatures, high humidity, and salt air can cause the brake pedal bumper to corrode and separate from the brake pedal. For additional information about this recall, which potentially affects 199,085 Ford vehicles, please click NHTSA Campaign Number: 22V011000.
How Do You Know If Your Vehicle Has Been Recalled?
Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If not repaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.
What Is A Vehicle Recall?
When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.
What Should I Do If My Vehicle Is Included In This Recall?
If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.
For additional information about vehicle recalls, please click Vehicle Recall FAQs.
Source: U.S. Department of Transportation, National Highway Traffic Safety Administration
VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO COMPLETE THE FORM ABOVE ON THE RIGHT OR CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.
Jan 19, 2022 | Data Breach
Medical Review Institute of America (“MRIoA”) – 157,885 Individuals Affected By Data Breach
The number of individuals affected by the data breach of MRIoA has grown from 134,571 to 157,885.
On November 9, 2021, MRIoA discovered that it was the victim of a sophisticated cyber-attack. On November 12, 2021, MRIoA discovered that the cyber incident involved the unauthorized acquisition of information. Protected health information, per MRIoA, was included in the incident, but, presently, MRIoA doe not have evidence indicating misuse of the information.
The types of protected health information potentially involved (only if the information was provided to MRIoA by an organization named in the data breach notification letters sent to individuals) demographic information (i.e., first and last name, gender, home address, phone number, email address, date of birth, and social security number); clinical information (i.e., medical history/diagnosis/ treatment, dates of service, lab test results, prescription information, provider name, medical account number, or anything similar in your medical file and/or record); and financial information (i.e., health insurance policy and group plan number, group plan provider, claim information).
The following are some of MRIoA’s customers on whose behalf MRIoA submitted notification of the data breach:
• Aetna ACE • Albertsons Companies • AllWays Health Partners • Ambetter from Home State Health • Ambetter From Superior Health Plan • Ambetter of North Carolina • Blue Cross Blue Shield of Illinois • Blue Cross and Blue Shield of Minnesota • Blue Cross Blue Shield of New Jersey • Blue Cross & Blue Shield of Rhode Island • Blue Cross Blue Shield of Texas • Cambia Health Solutions • Capital Blue Cross • Cary Medical Center • Florida Blue • General Dynamics • Genex Services, LLC • Government Employees Health Association, Inc. • Harvard Pilgrim Health Care, Inc • Health New England • Horizon • Horizon Blue Cross Blue Shield of New Jersey • IAC • Kyocera AVX Corporation • Magellan Rx Medicare Basic PDP • Maine General Health • Molnlycke • National Elevator Industry Health Benefit Plan • North America Administrators • OptumRx • Service-Bene Plan-BCBSA• State of Maine Department of Administrative and Financial Services, Office of Employee Health and Wellness • Sullivan Tire • Sun Life Financial U.S. Services • The Associates’ Health and Welfare Plan • Trustmark Health Benefits • Twin Rivers Paper Company • University of Arkansas Medical Benefit Plan • Unum • Walmart • WellCare
Source: Office Of The Maine Attorney General, Data Breach Notifications.
Class Action Lawsuits Filed Against MRIoA
On February 9, 2022, a class action lawsuit was filed in United States District Court, District of Utah, on behalf of all persons in the United States whose personal and medical information was compromised, as a result of the Medical Review Institute of America data breach that occurred in November 2021.
On February 16, 2022, another class action lawsuit was filed in federal court in Utah against MRIoA for MRIoA’s alleged “failure to secure and safeguard” the information of many individuals compromised in the data breach consisting of the “personally identifying information and personal health information (‘PII/PHI’), including names, genders, home addresses, phone numbers, email addresses, dates of birth, Social Security numbers, medical history/diagnosis/treatment, dates of service, lab test results, prescription information, provider names, medical account numbers, health insurance policies, group plan numbers, group plan providers, and insurance claim information.”
Have You Been Harmed As A Result Of A Data Breach Which Has Exposed Your Private Personal, Protected Health Or Personally Identifiable Information?
If you have experienced actual or attempted harm or been the victim of fraud, due to the illegal or unauthorized exposure of your private personal, protected health or personally identifiable information, please contact Kehoe Law Firm, P.C., [email protected], for a free, confidential consultation and no-obligation evaluation of potential legal claims.
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Jan 19, 2022 | Overtime & Wages
Nurses, The Fair Labor Standards Act & The Learned Professional Exemption
The Fair Labor Standards Act (“FLSA“) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 in a workweek.
Section 13(a)(1) of the FLSA, however, provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. To qualify for exemption, employees, including nurses, must meet certain tests regarding their job duties and be paid on a salary basis of not less than $684 per week.
To qualify for the learned professional employee exemption, all the following tests must be met:
- The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $684 per week;
- The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment;
- The advanced knowledge must be in a field of science or learning; and
- The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
Registered nurses who are paid on an hourly basis should receive overtime pay. Registered nurses, however, who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption and, if paid on a salary basis of at least $684 per week, may be classified as exempt.
Licensed practical nurses and other similar health care employees, however, generally do not qualify as exempt learned professionals, regardless of work experience and training, and are entitled to overtime pay, because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations.
Source: U.S. Department of Labor
Nurses Who Have Been Misclassified As Exempt From Overtime
Merely because a nurse with “advanced knowledge” or a “specialized advanced academic degree” is paid a salary does not automatically mean that a nurse can properly be classified as exempt from overtime pay, particularly if a nurse who is deemed classified as exempt performs duties inconsistent with the learned professional employee exemption.
NURSES WHO BELIEVE THEY HAVE BEEN MISCLASSIFIED AS EXEMPT FROM OVERTIME PAY ARE ENCOURAGED TO COMPLETE THE FORM ABOVE ON THE RIGHT OR CONTACT KEHOE LAW FIRM, P.C., MICHAEL YARNOFF, ESQ., (215) 792-6676, EXT. 804, [email protected], [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF YOUR EMPLOYMENT CIRCUMSTANCES AND POTENTIAL LEGAL CLAIMS.