Posts Tagged ‘settlement’

An Amazing Joint Press Release from Yank Sing Restaurant Workers AND Yank Sing Itself – $4 Million Labor Settlement

Wednesday, November 19th, 2014

So I’ve seen labor violation settlements like this $4 million one before, but I’ve never seen the associated press release come from both the restaurant’s and the workers’ side.

That’s why you can see plugs for this expensive 3.5-star Yelp rated restaurant chain.

(And I’ll tell you, it’s refreshing to see nonprofits in Chinatown NOT promoting the biggest pork barrel project in America as “transit justice” and NOT giving stencils to voters to tell them how to vote.)

Let’s get back to business and, if desired, let the racial profiling commence without any more wage and hour violations:

Chinese press release (新聞稿): http://www.cpasf.org/press/settlement-yanksing-chinese

Spanish press release (Comunicado de Prensa): http://www.cpasf.org/press/settlement-yanksing-spanish

PRESS RELEASE – For Immediate Release: Wednesday, November 19, 2014

Contact:        
Emily Lee, Chinese Progressive Association
Mariam Hosseini, Asian Law Caucus
Jonathan Glick, Yank Sing

Immigrant Workers Negotiate $4 Million Settlement - Award-Winning Restaurant Commits to Lead Industry Change in Workplace Standards

San Francisco, Ca – Today, a $4 million settlement and workplace agreement for restaurant workers at Yank Sing, a nationally rated dim sum restaurant, is being announced by workers and their employer. The settlement was the result of a unique collaboration between workers, Yank Sing, the Chinese Progressive Association, the Asian Law Caucus, and state and local labor enforcement agencies.  The landmark settlement not only compensates for past practices, but provides workers with pay and benefits beyond what the law requires while creating a business model that will lead to long term success for both workers and the restaurant.

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Dennis Herrera Throws Down: Workers at GMG Janitorial to Get $1.34 Million for “Healthy San Francisco” Violations

Monday, July 7th, 2014

This sounds fair enough:

“Cheated janitors to receive $1.34 million in restitution in healthcare benefits settlement –
Herrera negotiates agreement ending legal appeal; affirming administrative order and S.F. Superior Court ruling to benefit 275 current and former workers

SAN FRANCISCO (July 7, 2014) — City Attorney Dennis Herrera today finalized a settlement agreement with GMG Janitorial, Inc., ending the local company’s legal appeal of an Oct. 16, 2013 San Francisco Superior Court ruling to pay some $1.34 million to 275 of its current and former employees who were denied health care benefit expenditures to which they were entitled under the City’s Health Care Security Ordinance, or HCSO.  Enacted in 2006, the HCSO established the popular “Healthy San Francisco” program and created an employer spending requirement to fund health care benefits for employees in the City.

Under terms of the stipulated amended judgment entered with the Superior Court this morning, GMG Janitorial will remain liable for the full amount of benefits owed to workers under the original administrative orders and court ruling.  The company is required to pay installments of at least $200,000 every six months to a third-party settlement administrator, who will disburse payments to eligible employees, most of whom are Latino.  Financial incentives included in the settlement to satisfy the debt sooner involve dollar amounts otherwise owed to the City, to ensure that workers receive their full compensation plus any interest accrued.  The agreement contains additional provisions governing former employees who can’t be located and securing the debt through liens on the owner’s personal assets.

“This agreement will fully compensate employees who were denied benefits, while also assuring law-abiding competitors that they’ll no longer be undercut by businesses that cheat,” said City Attorney Dennis Herrera.  “I think this settlement reflects the strong ruling Judge Marla Miller issued last October, and I hope it sends an unmistakable message that our Health Care Security Ordinance has teeth, and that we’re committed to enforcing it aggressively.  As always on these kinds of cases, I’m grateful to everyone in the Office of Labor Standards Enforcement for their outstanding work.”

“When low-wage workers are denied their rightful health care benefits, the human consequences are incalculable,” said OLSE Manager Donna Levitt.  “Workers at GMG Janitorial weren’t getting their health care needs addressed when the case came to our attention, and it was gratifying to see GMG start providing their workers health care benefits after OLSE began its investigation.  The settlement finalized today will compensate these employees for what they were rightfully due in the first place.  The vast majority of San Francisco employers comply with both the letter and the spirit of the law, which is why it’s so important that violators are brought to justice.”

The court order issued by Judge Marla J. Miller last October found “substantial evidence” to support prior findings by San Francisco’s Office of Labor Standards Enforcement and an administrative law judge that GMG Janitorial, Inc. failed to make the required expenditures on behalf of its workers for the period 2008 to 2010.  After losing its administrative appeal before the administrative law judge, GMG Janitorial filed suit in Superior Court on July 2, 2012, arguing that the OLSE exceeded its authority under local law by ordering full restitution, and that the administrative law judge’s findings were unsupported by the evidence.  Judge Miller’s ruling decisively rejected both contentions in ordering the company to pay $1,339,028 to its employees “in order to correct its failure to make the required expenditures.”  The order additionally allowed the City to recover its costs in the action in an amount to be determined.

The San Francisco City Attorney’s Office played a key role in working with then-Supervisor Tom Ammiano and Mayor Gavin Newsom to craft the City’s groundbreaking universal health care law enacted in 2006.  Almost immediately thereafter, the office embarked on a four-year legal battle to defend the law from a challenge by the Golden Gate Restaurant Association.  The ordinance was conclusively upheld when the U.S. Supreme Court denied review in the case on June 28, 2010.

San Francisco’s OLSE enforces labor laws adopted by San Francisco voters and the San Francisco Board of Supervisors.  In addition to investigating violations of the Health Care Security Ordinance, OLSE also enforces San Francisco’s Minimum Wage Ordinance; Paid Sick Leave Ordinance; Minimum Compensation Ordinance; Health Care Accountability Ordinance; and Sweatfree Contracting Ordinance.  Violations of the Health Care Security Ordinance may be reported to OLSE at (415) 554-7892 or HCSO@sfgov.org.  Its website ishttp://www.sfgov.org/olse.

The case is: GMG Janitorial, Inc. v. City and County of San Francisco et al., San Francisco Superior Court, Case No. 512328, filed July 2, 2012.”

Hey Lawyers, Here’s a Gig for You! Get Paid Six Figures to Represent Indebted California Culinary Academy Grads

Wednesday, June 13th, 2012

Hey, remember Amador v. California Culnary Academy?

Good times.

Well they’re still doling out the cash on this one, so why not get some of it?

Now I’ll tell you, the only worser idea than going to law school these days (ooh, that link is a bit much, non?) is going to cooking school, am I right, GF? So why not use your JD to help the poor souls who were misled by the California Culinary Academy?

It’s a win-win, baby! Get all the deets below.

Sure, cooking school can be sexy, but does it pay off? 

This job is new, this job is you, Counselor:

“Senior Counsel and Director of Legal Aid Firm (downtown / civic / van ness)

This is an opportunity to found a legal aid organization. In Amador v. California Culnary Academy, students alleged they were led to believe the $46,000 12-month culinary education they received would make economic sense based on their post-graduation job opportunities. For most students that proved untrue.

In connection with the $41.8 million class action settlement of the case (judgement is expected to become final later this month), $2 million has been earmarked to provide student-debt-related services to class members. These class members need help dealing with their creditors. The director will set up and manage the firm under the oversight of the trustees of the fund, Ray E. Gallo and Robert W. Mills. The objective is to effectively manage and compromise the class members’ debts by all legal means. Also, through other fundraising efforts, we hope this new firm may live beyond its $2 million founding budget to become the first agency to focus on providing remedies to the economically disadvantaged when they suffer consumer-related tragedies like those at issue in Amador.

The ideal applicant is an attorney with 10 or more years of experience who enjoys being in a courtroom and has significant experience supervising other lawyers and staff members. Big firm training and top 10 schooling are preferred, but anybody smart and scrappy is welcome to apply. This will be a small firm environment, and effective use of technology will be essential, so you should be someone who welcomes those things.

The job may be available as early as July 1, 2012 and requires a commitment of at least two years. The location of the firm will be determined in consultation with the Director once hired.

Please submit cover letter, resume, writing sample, and salary history by email. Potentially qualified candidates will be asked to complete online assessments.

rgallo@gallo-law.com

  • Compensation: $100,000 to $200,000 (negotiable, DOE, etc.)
  • This is at a non-profit organization.
  • OK to highlight this job opening for persons with disabilities
  • Principals only. Recruiters, please don’t contact this job poster.
  • Please, no phone calls about this job!
  • Please do not contact job poster about other services, products or commercial interests.”

Crazy State Worker Lady Wants Honda Civic Hybrid Owners to Sue Honda in Small Claims Court Over Low MPG

Wednesday, December 28th, 2011

I’ll tell you, I don’t know how good your odds would be if you sued the maker of your car because you felt it didn’t meet the EPA mileage estimate, but this lady in SoCal appears to have a good shot.

I’ll tell you, Honda Civic Hybrid owners, The System wants you to take some worthless $100 coupon or whatever to compensate you for Honda messing up. The System doesn’t want you opting out of the national class action settlement.

Click to expand

Choose or lose, Honda owners.

HONDA ORDERED TO STAND TRIAL ON JANUARY 3rd

Normally a small claims case is just that – small – in fact, barely an annoyance to large corporations because damages are limited. However, one small claims case pending in the Los Angeles area is certain to get a lot of attention because it will be going to trial just when approximately 200,000 Honda Civic Hybrid owners are opening their mailboxes to find notices of a proposed class action settlement where the Honda owners would get no more than $200 cash and the lawyers would get $8.474 million!

One disappointed Honda Civic Hybrid owner in California who got wind of the tiny settlement offer in advance chose to opt-out of the class and paid $75 to file a small claims case instead. The trial was set for January 3rd, six weeks before the 200,000 Civic owners are set to decide if they want to stick with the class action or file their own suits which can often be done quickly and cheaply without lawyers. (Think Judge Judy where regular people get up and give a 15 minute version of their complaint in plain English and then get a decision from the court). This case will be one of the first under the new 2012 law allowing individuals to sue for up to $10,000 in small claims court in California.

Honda has attempted four different legal maneuvers to postpone the trial until after the deadline had passed for Hybrid owners to opt-out of the class action, but the Judge said “no” all four times and the trial will proceed as originally scheduled on January 3rd. If the Plaintiff in that case wins and gets awarded thousands of dollars in damages, then Honda will have a lot of explaining to do to justify paying other Hybrid owners just enough to cover a few tanks of gas instead of replacing the defective hybrid batteries at $3,000 a pop – roughly $600,000,000.00!”

How Can You Tell Who Won the Great Weekly Newspaper War If You Don’t Have All the Deets? Where’s WikiLeaks?

Wednesday, January 5th, 2011

You know what we need, man? You know, man, we need WikiLeaks for the Bay Area, man. That’s what we need, man, to be able to see whose strategery paid off.

But I must say that the SFBG came out the winner when I compared it with the SF Weekly in late November to middish December. I think it was the interviews with the incoming supervisors that put the Guardian over the top.* I don’t regularly read them offline so I was surprised to see how thin (‘specially the Guardian) they’ve gotten.

(Now I’ll tell you, if you ever want your phone ringing off the hook, just buy an ad in one of them then the sales force from the other will hound you incessantly. No offer will be too low, I’ll tell you.)

Is this settlement (which comes from some kind of law that most Americans outside of California have managed to live without) a “great victory” for local business? Nope. And is the SF Weekly a skosh too close to this story, so much so that they’d be better off not talking about it? Yep.

So maybe it’s a “tactically inconclusive” draw.

You know, like Antietam.

Click to expand

*And a few other things. Compared to the olden days, there’s not much betwixt the front pages and the entertainment/food reviews/listings.

Dennis Herrera Throws Down: LA-Based Davis Elen Ad Firm Forced to Pay $45K for Zygna “Mafia Wars” Sidewalk Vandalism

Friday, November 12th, 2010

Well, the whole Zygna “Mafia Wars” sidewalk graffiti imbroglio is over. Get the deets below.

Up next, Microsoft’s chalked-on Windows Phone ads?

San Francisco’s Happy Warrior, DJH:

“Herrera settles illicit guerilla marketing case with Davis Elen Advertising. Ad firm will pay $45,000 for vandalizing S.F. sidewalks, had previously removed some 4,000 ‘Mafia Wars’ decals

SAN FRANCISCO (Nov. 12, 2010) — City Attorney Dennis Herrera today announced a settlement agreement with Davis Elen Advertising over an illicit guerilla marketing campaign that the firm employed in August to promote a popular social media game for one of its clients.  Under terms of the agreement signed by the City Attorney’s Office today, Davis Elen Advertising will pay the City $45,000.  The Los Angeles-based ad agency had previously remedied its vandalism to San Francisco sidewalks after it was contacted by the Department of Public Works and City Attorney’s Office, and informed of the City’s intention to pursue legal action.

In August — in the wake of a widespread public outcry and several news accounts about the sudden appearance of thousands of dollar-like stickers defacing neighborhood sidewalks — Davis Elen Advertising issued a statement conceding that its marketers “led a series of street marketing activities throughout the City of San Francisco,” and that they “take full responsibility for the program.”  The company hired a subcontractor to vandalize 75 locations throughout San Francisco by gluing some 4,000 decals onto public sidewalks to promote the online game, “Mafia Wars” — unbeknownst to Zynga, the San Francisco-based social media gaming company for which Davis Elen was working.  The guerilla marketing tactic, which is a clear violation of state and local law, required Department of Public Works crews to use special steam cleaning equipment to remove the decals from vandalized sites.  But the City halted its own cleanup efforts when Davis Elen and its subcontractor agreed to remove the decals at their own expense, after being informed of the City’s resolve to seek legal remedies for the actionable tactics.  As a result, total costs to the City were limited to under $2,000.

“The so-called ‘guerilla marketers’ who deface public property in San Francisco may think they’re being clever, but they’re nothing more than lawless vandals-for-hire,” said Herrera.  “Graffiti vandalism is illegal, and when it’s done as corporate advertising, it’s also actionable as an unlawful business practice.  We take these violations seriously, and I’ll continue to pursue them aggressively to make sure there’s no profit motive for defacing our neighborhoods.  I’m very grateful to Zynga for its good corporate citizenship in working with us to identify the culprits, and I’m glad that Davis Elen Advertising accepted responsibility for its wrongdoing.  I’m also thankful to the Department of Public Works for their efforts, and to the many San Franciscans who took the time to call 311 to report these acts of vandalism.”

The complete presskit on the City’s settlement with Davis Elen Advertising is available on the City Attorney’s Web site at http://www.sfcityattorney.org/

Jerry Brown Throws Down: No More Strawberry, Chocolate, Banana or Cookies-and-Cream Flavored E-Cigarettes for Kids

Friday, October 29th, 2010

Our California Attorney General Jerry Brown can’t abide companies that market electronic cigarettes to minors, so he just did something about it, again. All the deets, below.

Mmmmm…. yummers:

El Protector de la Gente, Jerry Brown:

via Thomas Hawk

Electronic Cigarette Maker Agrees to Stop Marketing to Minors

OAKLAND – Attorney General Edmund G. Brown Jr. today announced a settlement to prevent Smoking Everywhere, one of the country’s largest electronic cigarette sellers, from targeting minors and claiming that its products are a safe alternative to smoking.

“Smoking Everywhere aimed ads at minors and falsely claimed its products were safe,” Brown said. “This settlement stops the company from marketing these addictive products to kids or claiming they aren’t dangerous.”

Electronic cigarettes, or e-cigarettes, are battery-operated devices with nicotine cartridges designed to look and feel like conventional cigarettes. Instead of actual smoke, e-cigarettes produce a vapor from the nicotine cartridge that is inhaled by the user.

Smoking Everywhere and other electronic cigarette makers have claimed that e-cigarettes are safe because they contain no carcinogens or tar, and produce no second-hand smoke.

The U.S. Food and Drug Administration (FDA), however, found that some electronic cigarettes contain a variety of dangerous chemicals, including nicotine, carcinogens such as nitrosamines, and one brand also contained diethylene glycol, commonly known as antifreeze.

Some e-cigarettes come in strawberry, chocolate, mint, banana and cookies-and-cream flavors designed to appeal to a young audience.

Today’s settlement prohibits Smoking Everywhere from marketing to minors and from making false or misleading claims about electronic cigarettes. Specifically, the company has agreed that it will not:

- Market or sell electronic cigarettes to minors. Its website will be age-restricted, and a customer will need to show a government-issued ID. Retail products will be behind a counter. Advertising must note the age restriction.
- Sell flavored electronic cigarette cartridges such as strawberry, mint or bubblegum that could appeal to minors.
- Advertise its products as a smoking cessation device unless the FDA approves them for that purpose.
- Claim that its products are safer than cigarettes or contain no tobacco, tar or carcinogens, and produce no second-hand smoke unless there is competent reliable scientific evidence to support the claims.

Smoking Everywhere also agreed to implement quality control standards to eliminate harmful substances in its products and submit to independent audits.

Smoking Everywhere will also provide a Proposition 65 warning that its products contain nicotine, a chemical known to be addictive and to cause birth defects or reproductive harm. The warning must appear on product packaging, Smoking Everywhere’s website and at retail sites.

Smoking Everywhere and its owner will pay $170,000 in penalties and fees.

Jerry Brown Throws Down: Penalizes Maker of Cookies and Cream-Flavored Electronic Cigarettes

Tuesday, August 3rd, 2010

Our California Attorney General Jerry Brown can’t abide companies that market electronic cigarettes to minors, so he just did something about it. All the deets, below.

Mmmmm…. yummers:

El Protector de la Gente, Jerry Brown:

via Thomas Hawk

Brown Announces Electronic Cigarette Maker’s Agreement to Stop Deceptive Marketing and Sales to Minors

OAKLAND – Attorney General Edmund G. Brown Jr. today announceda settlement with Sottera, one of the country’s largest electronic cigarette producers, to prevent the company from targeting minors and claiming that electronic cigarettes are a safe alternative to smoking.

“Electronic cigarette companies have targeted minors with fruit-flavored products and misleading claims that their products are safe,” Brown said. “This settlement will stop Sottera from marketing these dangerous and addictive products to kids.”

Brown and Sottera reached the settlement without litigation based on Sottera’s willingness to adopt measures that address Brown’s concerns about the dangers of its electronic cigarettes. In January this year, Brown filed suit against the nation’s other leading e-cigarette retailer, Smoking Everywhere. That lawsuit is proceeding in Alameda County Superior Court.

All the deets after the jump

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Jerry Brown Throws Down: Criminal Music Companies to Pay for Music Fests Statewide in 2010

Monday, May 17th, 2010

California Attorney General Jerry Brown can’t abide goddamn record companies that fix prices. (Feel free to read that as record companies, straight up.) Anyway, when you bought all those Rico Suave CDs back in the day, you paid too much. 

Can I tell you how this all relates to the big scheme of things? No, I get my record co. antitrust lawsuits mixed up. But this whole deal probably had something to do with bad behavior by execs from Universal Music Group, Sony Music EntertainmentWarner Music Group, and/or EMI Group.

But that doesn’t matter now. What matters that these melon-farmers are going to own up for past misdeeds by paying for statewide music festivals.

El Protector De La Gente, Jerry Brown:

via Thomas Hawk

Check it:

Alameda Los Angeles San Bernardino Solano
Butte Marin San Diego Sonoma
Calaveras Mendocino San Francisco Stanislaus
Contra Costa Mono San Joaquin Tehama
Del Norte Monterey San Luis Obispo Ventura
El Dorado Napa Santa Barbara Yolo
Fresno Nevada Santa Clara Yuba
Humboldt Orange Santa Cruz  
Inyo Plumas Shasta
Kern Riverside Sierra
Lassen Sacramento Siskiyou

 

January April July October
February May August November
March June September December

Enjoy.

Brown and Arts Council Host Statewide Music Festivals Funded by a Price-Fixing Settlement
SACRAMENTO -Yodeling, operas, musicals, Japanese drumming and symphonies are among the summer events around the state sponsored by more than a half million dollars from a Department of Justice settlement with music companies in a case of fixing advertised prices.

Attorney General Edmund G. Brown Jr. and the California Arts Council today announced dozens of musical presentations during this summer’s festival season and throughout 2010. Visit the California Arts Council’s website for a full listing of concerts and events benefiting from the grants:
http://www.cac.ca.gov/programs/doj/.

“The Attorney General’s office is proud to be part of providing these cultural events that bring people together to experience all types of music. It’s affordable because of our ability to provide discounted tickets,” Brown said, “and these performances are a testament to the incredible richness and diversity of the state’s music.”

The grants support performances and events in 43 of the state’s 58 counties, reaching an estimated audience of 200,000.

All the deets, after the jump

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Jerry Brown Throws Down: Midas Auto Shop Franchisee Spanked Hard for Bait and Switch

Monday, January 25th, 2010

California Attorney General Jerry Brown can’t abide car repair shop owners who rip you off for unnecessary work. News comes this morning about a judge in Alameda County who signed off on a: 

$1.8 million settlement that prevents Maurice Irving Glad (aka Mike Glad), owner of 22 Midas auto shops throughout California, from owning or operating an auto repair shop in the state, after the franchisee “deceptively lured” customers with cheap brake specials and then charged hundreds of dollars for unnecessary repairs.”

Now what do you suppose Mike did with some of that ill-gotten booty? Well, he traveled the world, natch, but he also produced an Academy Award-nominated documentary (narrated by Edward James Olmos!) called Recycled Life. (So all those people in the East Bay and the South Bay who thought they were just fixing their cars actually were financing the Hollywood dream factory by paying an average of $268 more than they should have….)

Anyway, get the deets below to see how our California Bureau of Automotive Repair does sting operations. And get the other side of the story from Mike’s mouthpiece via Henry K. Lee right here.

El Protector De La Gente, Jerry Brown:

Read all about it, after the jump

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