Jan 13, 2022 | Overtime & Wages
Wage And Hour Class Action Challenges Policies & Practices Of Ryder Integrated Logistics & Ryder System For Their Alleged Failure To Permit Meal Breaks, Pay For Missed Meal Breaks & Pay Minimum Wage, Overtime And All Hours Worked
On January 12, 2022, a class action complaint was filed in United States District Court, Central District of California, on behalf of individuals who have worked for Ryder Integrated Logistics, Inc. (“Ryder Integrated”) and Ryder System, Inc. (“Ryder System”) as nonexempt, hourly employees, including, but not limited to, laborers, material, cargo and warehouse handlers, forklift operators, shipping and receiving clerks, clamp operators, quality auditors, storeroom attendants, trailer inspectors, warehouse coordinators, wave and inventory clerks, warehouse sanitation associates, and other employees with similar job duties, to challenge the Defendants’ alleged violations of California wage and hour laws.
The class action complaint challenges the polices and practices of Ryder Integrated and Ryder System which, allegedly, (1) failed to authorize and permit Plaintiff and the Class Members to take meal breaks to which they are entitled by law and failed to pay premium compensation for missed meal breaks; (2) failed to compensate Plaintiff and Class Members for all hours worked; (3) failed to pay Plaintiff and Class Members minimum wage for all hours worked; (4) failed to pay Plaintiff and Class Members overtime wages; (5) failed to provide Plaintiff and Class Members true and accurate itemized wage statements; and (6) failed to pay Plaintiff and Class Members all wages owed during employment and following separation from employment.
The complaint also alleges that the Defendants deny Plaintiff and Class Members a compliant 30-minute, uninterrupted meal period, in that they are routinely interrupted during meal periods and/or receive meal periods that are less than 30 minutes, in addition to not receiving premium pay for the non-compliant meal periods. Consequently, employees are, allegedly, denied compensation for all hours worked, including minimum wages, and overtime, which they are lawfully owed resulting from the additional off-the-clock work in excess of eight hours per day and 40 hours per week.
Further, the complaint alleges that after long work hours, second meal periods are denied; accurate, itemized wage statements reflecting premium payments for non-compliant meal violations are not provided; and, consequently, Plaintiff and Class Members do not receive all waged owed during employment and following separation from employment.
If you believe you have been a victim of Ryder Integrated Logistics’ and Ryder System’s alleged wage and hour violations, please complete the form above on the right, e-mail [email protected], or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], for a free, no-obligation evaluation of potential legal claims.
Jan 12, 2022 | Antitrust
Alleged Monopolization By John Deere Of The Market For Repair & Maintenance Services Of Its Agricultural Equipment
IF DURING THE PERIOD OF JANUARY 12, 2018 TO THE PRESENT, YOU PURCHASED REPAIR SERVICES FROM JOHN DEERE OR FROM ONE OF JOHN DEERE’S AFFILIATED, AUTHORIZED DEALERS OR TECHNICIANS, YOU ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], TO DISCUSS POTENTIAL LEGAL CLAIMS.
On January 12, 2022, a class action lawsuit was filed in United States District Court, Northern District of Illinois, Eastern Division, on behalf of those persons and entities who purchased repair services from Defendant Deere & Co. (d/b/a John Deere) and John Deere affiliated independent dealerships and technicians in the John Deere repair services market for John Deere agricultural equipment from January 12, 2018 to the present.
According to the complaint, John Deere has deliberately monopolized the market for repair and maintenance services of John Deere agricultural equipment with Engine Control Units by making crucial software and repair tools inaccessible to farmers and independent repair shops.
Deere’s network of highly-consolidated independent dealerships, allegedly, is not permitted through their agreements with John Deere to provide farmers or repair shops with access to the same software and repair tools of the dealerships.
As a result of shutting out farmers and independent repair shops from accessing the necessary resources for repairs, John Deere and the dealerships, according to the complaint, have cornered the John Deere repair services market in the United States for John Deere-branded agricultural equipment controlled by Engine Control Units (“ECU”) and have, allegedly, derived supra-competitive profits from the sale of repair and maintenance services.
To view a copy of the antitrust class action complaint, please click here.
IF DURING THE PERIOD OF JANUARY 12, 2018 TO THE PRESENT, YOU PURCHASED REPAIR SERVICES FROM JOHN DEERE OR FROM ONE OF JOHN DEERE’S AFFILIATED, AUTHORIZED DEALERS OR TECHNICIANS, YOU ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C. JOHN KEHOE, ESQ., (215) 792-6676, EXT. 801, [email protected], [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.
Jan 12, 2022 | Data Breach
Discovery Of Florida-Based TransCredit’s Dataset With Trucking, Transport Company & Individual Driver Information Apparently Tied To Credit Accounts, Loans, Repayment And Debt Collection
WebsitePlanet.com has reported that “[s]ecurity researcher Jeremiah Fowler together with the Website Planet research team discovered a non-password protected database that contained 822,789 records.”
According to WebsitePlanet.com, “The dataset had detailed information on trucking, transport companies, and individual drivers. The data appeared to be connected to credit accounts, loans, repayment, and debt collections. This included banking information and tax ID numbers. Many of the Tax IDs were consistent with what appeared to be SSN (Social Security Numbers) and stored in plain text.”
WebsitePlanet.com reported that “there were multiple references including internal emails and usernames of a Florida based company called TransCredit“; the investigative team “sent a responsible disclosure notice to TransCredit and public access was restricted shortly after”; and “[t]he records appeared to contain the data of trucking and transportation companies based in the United States and Canada.”
The following information, according to WebsitePlanet.com, was discovered:
- Total Records: 822,789
- Internal records that include customers first and last names, emails, bank information, Tax ID numbers that appear to be SSN and EIN (Employer Identification Number).
- These individuals could be at risk of a targeted social engineering attack using insider information.
- Detailed notes on collections, payment histories, new applicants, status and progress. References to “TransCredit” and “Transcore”
- Internal Passwords and login IDs / Usernames, account numbers. We can only assume that these could be used to access the user portal. (We do not circumvent password protections or attempt to validate user credentials for ethical reasons).
- Indices named:
- The files also show where data is stored and a blueprint of how the network operates from the back end. The database was at risk of a ransomware attack that would encrypt the data.
Additionally, WebsitePlanet.com reported that “[t]his database contained enough information to create a range of highly targeted fraud or scams. Criminals armed with insider knowledge could potentially gain trust very easily and companies or individuals would be less suspicious when presented with verifying a Tax ID or other data.” [All emphasis added.]
Have You Been Impacted by A Data Breach?
If so, please complete the form above on the right or e-mail [email protected] for a free, no-obligation evaluation of potential legal claims.
Jan 11, 2022 | Consumer Protection
U.S. Consumer Product Safety Commission & Three Leading Elevator Manufacturers Announce Recalls Of Residential Elevators Due To Industry-Wide Issue Of Child Entrapment Hazard; Risk Of Serious Injury Or Death To Young Children
Manufacturers Providing Free Safety Devices To Address Hazardous Gap Spaces Between Home Elevator Doors
On January 11, 2022, the U.S. Consumer Product Safety Commission (“CPSC”) and Bella Elevator, LLC, Inclinator Company of America, and Savaria Corporation, have announced three separate, voluntary recalls of about 69,000 residential elevators.
Young children can become entrapped in the space between the exterior landing (hoistway) door and the interior elevator car door or gate if there is a hazardous gap, and suffer serious injuries or death when the elevator is called to another floor.
Consumers should keep unsupervised young children away from the recalled residential elevators and contact the manufacturers for instructions on how to measure for space guards to correct any hazardous gap. Space guards will be provided free of charge and assistance with space guard installation will be provided on request.
Bella Elevator, Inclinator Company of America, and Savaria Corporation have agreed that all current manufacturing and distribution of future residential elevators will comply with applicable voluntary safety standards to eliminate the young child entrapment hazard. The CPSC previously warned consumers about residential elevators in July 2021.
For additional information about the residential elevator recalls, please click on the following:
Bella Elevator LLC Recalls Residential Elevators Due to Child Entrapment Hazard; Risk of Serious Injury or Death to Young Children
Inclinator Company of America Recalls Residential Elevators Due to Child Entrapment Hazard; Risk of Serious Injury or Death to Young Children
Savaria Corporation Recalls Residential Elevators Due to Child Entrapment Hazard; Risk of Serious Injury or Death to Young Children
Source: CPSC.gov
If you have been the victim of a defective or misleading consumer product and/or product recall, please complete the form on the right or e-mail [email protected] for a free, no-obligation evaluation of potential legal claims.
Jan 11, 2022 | Consumer Protection
On January 7, 2022, a class action lawsuit was filed against Omnitracs, LLC (“Omnitracs”) in United States District Court for the Northern District of Illinois, Eastern Division, for violations of the Illinois Biometric Information Privacy Act.
According to the complaint, the Plaintiff used to work as a truck driver in Illinois. Omnitrac’s Critical Event Video (“CEV”) hardware was equipped in Plaintiff’s truck and monitored the Plaintiff and his facial geometry. Omnitracs, allegedly, captured, collected, or otherwise obtained Plaintiff’s facial geometry and the facial geometry of others similarly situated without following the requirements of the Biometric Information Privacy Act.
One of the Omnitrac’s products is an in-vehicle camera with the technology to detect driver behavior. Omnitrac’s technology, according to the lawsuit, identifies inattentive driving behavior that may be caused, for example, by distraction, driver fatigue, or drowsiness. The Defendant’s facial mapping technology, allegedly, collects scans of a driver’s facial geometry to identify a driver’s attentiveness.
The CEV hardware, according to the complaint, provides complete visibility of the entire cab, as well as details of the driver’s face, eyes, and hands to identify drowsiness, sleep, phone use, cigarette use, seatbelt use, and other safety-critical behaviors, as certain critical trigger events.
During the relevant time period (i.e., between January 7, 2017 and the present), Defendant Omnitracs, allegedly, collected scans of Plaintiff’s facial geometry to analyze his driving behavior, despite never having informed the Plaintiff, in writing or otherwise, that scans of his facial geometry or his biometric data were being collected.
Omnitracs also, allegedly, never obtained Plaintiff’s informed written consent to collect scans of his facial geometry or his biometric data and never informed Plaintiff in writing of the purpose and length of time for which Defendant Omnitracs would collect scans of the Plaintiff’s facial geometry.
For more information about the collection, use and/or dissemination of biometric information, please click here.
If you believe your biometric data has been illegally collected, stored, used, disclosed, transmitted or disseminated by a private entity, please contact Kehoe Law Firm, P.C., [email protected], for a free, no-obligation evaluation of potential legal claims.
