Tennessee Legal Blog

Mass torts related to pelvic mesh could increase

For some women who have problems related to sagging organs, doctors may want to do surgery, implanting a certain type of mesh to support the displaced organ. This was a common procedure, but medical evidence seems to suggest that pelvic mesh can actually cause significant health complications and is not safe for surgical implantation. Instead of being an important advance in medicine, it is actually now the reason for some of the biggest mass torts in the history of the United States. 

Tennessee readers who may have been affected by this dangerous medical device may know that the manufacturers of the mesh have to pay out $8 billion to settle claims. These claims were brought by approximately 100,000 women. The victims claim the mesh led to health problems that included organ damage, infection, incontinence and debilitating pain. 

Digital cheating leads to wage and hour disputes

Wage theft is all too common, and it affects the income of many hardworking employees in Tennessee and across the country. Anytime an employer fails to pay a worker a fair wage, it is a violation of the Fair Labor Standards Act. However, as technology increasingly becomes part of time tracking for employees, there are new ways in which employers can cheat their workers of the money they have earned, leading to wage and hour disputes.

Some of the most common forms of wage theft include failing to pay workers the legal minimum wage, making illegal deductions from a worker's paycheck and neglecting to give an employee the appropriate pay for overtime hours. An employer may also require workers to perform duties off the clock. Some examples include doing prep work before a shift or answering phones during an unpaid meal break.

Common mesothelioma questions and answers

Mesothelioma is a very serious and often deadly type of cancer, but it is also relatively rare. This means that, while people know it's worth worrying about, they often do not fully understand the disease, its symptoms or the medical treatment options.

It's important to stay informed about this disease. With that in mind, here are a few common questions and answers.

Wage and hour dispute for gig workers

A recent decision from the Department of Labor could change how companies classify certain types of gig employees. Tech companies, such as Uber. Lyft and other similar on-demand businesses that rely on individual gig workers to make up their workforce may find the ruling beneficial. It is important for both Tennessee workers and employers to clearly understand how to properly classify workers in order to avoid wage and hour disputes.

Some people who work for these types of companies claim they are employees, meaning they would be eligible for overtime and the federal minimum wage. However, these companies currently classify these types of employees as independent contractors. The Department of Labor recently released a statement confirming this is correct -- these types of workers are not employees. This may benefit companies as they would not have to pay these workers overtime or minimum wage. 

Ranchers join mass torts claim alleging antitrust violations

For many in Tennessee, the continuing increase in prices of beef may mean they are making alternate choices for dinner. However, for those who work in the cattle and beef industries, watching the prices of their products is a critical part of their livelihood. Recently, farmers and ranchers have accused the major meat packing companies of intentionally manipulating the market to drive their profits down. Several of these farmers and ranchers have joined in mass torts actions.

The lawsuit claims that Tyson Foods and three other meat processors have conspired to depress the price of cattle by lowering the number of cattle they purchase and slaughter for meat. They also suspect the companies have closed some slaughtering plants so they would have to transport cattle a longer distance and pay less for them. Independent ranchers and small farmers are apparently going out of business because of the dropping prices for the sale of their cattle.

Wage and hour disputes and the trucking industry

Truck drivers play an important role in the American economy. Many of these men and women own their own trucks and operate as independent contractors. The line between their right to self-govern and the authority of a Tennessee trucking company is often blurred, especially after a recent industry-wide implementation of certain types of technology. 

In 2017, trucks were required to have electronic logging devices installed. These devices track how many hours a truck is in operation and how many hours a person is behind the wheel. The intent of ELDs is to prevent fatigued driving by ensuring truckers adhere to hours of service regulations as well as to prevent cheating by those inclined to break the rules. 

Fidelity infrastructure fee may violate ERISA

Those in Tennessee and across the country who invest in a 401(k), another kind of retirement fund or a mutual fund may take comfort in knowing those investments are protected by federal law. Anyone managing these funds is required by the Employee Retirement Income Security Act to act in the best interests of the investors. Additionally, ERISA requires fund managers to notify participants of any changes in fees or other matters that may affect the assets of the investor. Unfortunately, Fidelity Investments is facing a lawsuit alleging violations of those requirements.

One man in another state has filed a lawsuit on behalf of others participating in a 401(k) serviced by Fidelity. The lawsuit claims Fidelity recently began requiring its mutual funds and other investments to deduct secret fees from the assets of the investors and use the funds to pay kickbacks to Fidelity. The plaintiff alleges these illegal payments may total hundreds of millions of dollars a year and were likely intended to compensate Fidelity for recent declines in revenue-sharing payments.

Tennessee district attorneys move forward with opioid lawsuit

Like many states, Tennessee has experienced significant consequences from the ongoing opioid epidemic. Opioids are synthetic medications that help people manage chronic or severe pain. They are similar to opiate medications, however, opiate medications are typically the result of naturally occurring compounds within the opium poppy.

Both classes of medication serve a critical purpose for individuals dealing with severe injuries and debilitating illnesses. However, they are easy to become addicted to and for patients to eventually abuse. Overdoses and chemical interactions caused by the misuse of opioid and opiate painkillers have reached a staggering level across the United States, including Tennessee.

Class action lawsuit filed regarding lack of overtime pay

Many companies and employers require that workers carry out certain actions before fully getting their workdays underway. However, if employees are not compensated for mandatory tasks, they may miss out on pay to which they're entitled. In fact, some workers may be owed overtime pay if certain processes require them to be on the job over 40 hours a week.

Tennessee readers may be interested in a class action lawsuit that was filed in another state with mandatory check-in processes at its core. According to reports, officers at a corrections facility must spend approximately 30 minutes each workday going through security screenings before they start their compensated duties. The screenings involve being searched and scanned before entering the prison grounds and then going through another screening process after they arrive at their designated work locations.

Construction workers at towering hotel seek fair wages

Those who live and work in Nashville have likely noticed the construction of the multi-million dollar JW Marriot hotel in the downtown area. The lush 33-story building may attract celebrities from the entertainment world, but recently it has attracted the attention of many who share the concerns of workers fighting for fair wages. While the tallest structure in downtown cost about $285 million, many workers say the subcontractors on the project failed to pay them for their labor.

For the last two weeks of the build, about 150 workers claim they worked 11-hour days to complete the drywall phase of the construction. Their employers apparently paid them $20 an hour for the drywall installation, but the workers never received time-and-a-half wages required by law for overtime hours. Unfortunately, this is not unusual for construction workers in the south. In fact, over 10 percent of laborers are victims of some form of wage theft, from denial of overtime to misclassification.

Email Us For A Response

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Jones And Stennett

Nashville Office
223 Rosa L. Parks Avenue
Suite 200
Nashville, TN 37203

Toll Free: 877-369-0267
Fax: 615-255-5419
Map & Directions

Louisville Office
515 Park Avenue
Louisville, KY 40208

Map & Directions

Cincinnati Office
3142 Losantiville Avenue, Suite A
Cincinnati, OH 45213

Map & Directions