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Posts Tagged ‘settlement’

NFL is working the refs to keep ex-players from claiming share of concussion settlement

Monday, April 22nd, 2019

This week, hundreds of men will see their childhood dream become reality at the 2019 NFL Draft.

But, beneath all the tears and cheers, the pomp and circumstance, the National Football League and its lawyers are battling hard to deny benefits and compensation to the players who sacrificed their bodies and minds to build that NFL dream into what it is today.

At the beginning of 2017, a class-action lawsuit between the NFL and its former players was finalized for a settlement worth approximately $1 billion over the next 65 years. But instead of celebrating the outcome, retiring players and their families found themselves facing a marathon of paperwork and physicians, appeals and audits. By November of 2017, the New York Times reported that out of the 1,400 claims that had been submitted by retired players, only 140 had been approved.

While the approvals have picked up a bit in the intervening 17 months, this month, Senior Judge Anita Brody of the U.S. Eastern District of Pennsylvania unveiled new rules that will make the already-arduous claims process even more excruciating.

“The goal posts are continuously shifting,” attorney Lance Lubel, who represents about 75 players involved in the settlement, told ThinkProgress.

At the heart of this problem is the matter of a qualifying diagnosis of neurocognitive impairment, which is required for players to get money from the settlement.

There are two ways for players to go about obtaining this diagnosis. One is the Baseline Assessment Program (BAP), which is free for the players. However, there are many catches involved. Players are only permitted to get one examination through the BAP, and the claims administrator chooses the doctor and location of the exam. The BAP has an extremely high bar for players to pass. So far, Lubel says, 95 percent of the players who have gone through the BAP exam have failed to obtain a qualifying diagnosis. The overwhelming sentiment is that the BAP is an impenetrable defensive line put in place by the league to guard its money.

“The BAP protocols are not medical standards but rather settlement-engineered testing designed to weed out as many players as possible,” writes Sheila Dingus, who has documented the case extensively on her website, Advocacy for Fairness in Sport.

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The other way for players to get a qualifying diagnosis is to go through the Monetary Award Fund (MAF). In this instance, players are responsible for paying for the tests, but they are permitted to pick the doctor and schedule the appointment on their own.

And here is where the latest controversy has emerged. Last summer, the NFL filed an appeal that essentially sought to give league-trained physicians and administrators even more control over the process of determining a qualifying diagnosis. After a series of motions and closed-door hearings, on April 11, Judge Brody released updated MAF guidelines.

“The first [MAF guidelines document] was five pages long and mostly derived from the settlement agreement,” said Dingus. “This one…is a complete re-write.”

The new MAF guidelines are supposedly in place in order to prevent fraud and to bring the MAF standards more in line with the BAP standards. But, in practice, they seem to be geared toward preventing players from getting the relief they’re entitled to under the settlement.

According to the updated guidelines, the NFL-appointed and trained Appeal Advisory Panel (AAP) has much more control over the appeal process; retired players now must receive a diagnosis from a qualified MAF physician located within 150 miles of their primary residence; and neuropsychological exams must be conducted within 50 miles of the MAF physician.

“This rule effectively eliminates any choice of doctors for players,” Dingus said.

Additionally, MAF physicians are now required to obtain their patients’ “employment information and business activities” over the past five years, as well as “any social, community, recreational or other activities by the Retired NFL Football Player outside the home around the time of the MAF Examination, whether these activities have changed over the five years preceding the date of the MAF Examination and, if so, how they have changed.”

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The NFL likes to tout the success of the settlement by advertising that it has already paid out $645 million in claims — a significant amount of money that’s nearly what the league planned to spend for the entire 65-year period of the agreement. However, the primary reason that total amount is so large is because individual pay-outs for advanced diseases such as death by CTE, ALS, and Parkinson’s have been higher than expected.

Meanwhile, retired players suffering from dementia — a Level 1.5 of Level 2.0 neurocognitive impairment, according to the settlement — are being systematically excluded from the approval process, despite the fact that they were initially expected to make up a sizable proportion of the settlement’s beneficiaries.

According to the most recent report, only 12.9% of the Level 1.5 and 2.0 claims have been paid out, compared to 59% of the CTE claims, 64.8% of the ALS claims, 50.6% of Alzheimer’s claims, and 63.6% of Parkinson’s claims.

Lubel said that touting the $645 million figure occludes the real problem: The large number of retired players who are currently struggling and unable to get the assistance the settlement promised.

“It doesn’t do anything for the remaining guys that have not qualified yet, they’re left out in the cold,” he said.

Christopher Seeger, the co-lead counsel who represents the settlement class, has been a controversial figure throughout the entire settlement process; many other attorneys in the case have criticized him for carrying water for the NFL, and for being more concerned about making money for himself than he is about earning justice for his clients. Seeger has not made a public statement since the new rules have been released. His most recent statement was issued to Deadspin through a spokesman earlier this month.

“While we believe the settlement is working as intended with more than $645 million in approved claims, we respect the Court’s view that these measures will, as Judge Brody stated, ‘safeguard the integrity of the Settlement Program,’” Seeger said. “The rule regarding ‘generally consistent’ diagnoses is in fact administrative and will streamline the approval and payment of claims. The additional rules provided by the Judge appear to be aimed at addressing her previously expressed concerns regarding possible fraudulent claims. We will ensure these rules are implemented in a way that does not allow legitimate claims to be impeded in any way.”

That sounds reasonable. But lawyers and advocates who work with the suffering players and their families on a day-in-day-out basis have no way of holding Seeger to account. The entire claims process happens behind closed doors.

“The process needs to be more transparent,” Lubel said. “That’s what’s super frustrating about it, decisions are being made in a vacuum, and the stakeholders are not able to weigh in.”

This week, the NFL will spend a lot of airtime talking about how it’s a brotherhood. But its actions in this concussion settlement have spoken much louder than than their ad campaigns.

This article was originally published at ThinkProgress on April 22, 2019. Reprinted with permission.

About the Author: Lindsay Gibbs covers sports for ThinkProgress.

The SEC Whistleblower Program

Monday, July 10th, 2017

In 2011, a former executive at Monsanto, a large publicly traded company, raised concerns that the company was violating accounting rules and misstating its earnings. Despite being aware of these issues, Monsanto failed to remedy the accounting violations and continued to misstate earnings. Undeterred, the former executive reported his concerns to the U.S. Securities and Exchange Commission (SEC) through its new whistleblower program. Armed with this information, the SEC opened an investigation into Monsanto’s accounting practices and discovered that the company had indeed violated accounting rules and misstated company earnings for three years. Monsanto agreed to pay an $80 million penalty to settle the charges and the former executive received a $22 million award from the SEC.

Overview of the SEC Whistleblower Program  

The SEC Whistleblower Program was established to incentive whistleblowers, like the former Monsanto executive, to report violations of the federal securities laws to the SEC. Under the program, whistleblowers may be eligible for an award when they provide the SEC with original information that leads to successful enforcement actions with monetary sanctions totaling more than $1 million. A whistleblower may receive an award of between 10-30 percent of the monetary sanctions collected.

The SEC requests specific, timely, and credible information about any violation of the federal securities laws. The most common whistleblower tips relate to corporate disclosures and financials, offering fraud and market manipulation. Other notable areas of whistleblower tips relate to insider trading, trading and pricing schemes, foreign bribery, unregistered offerings, and EB-5 investment fraud.

Under the program, whistleblowers may submit tips anonymously to the SEC if represented by an attorney. Moreover, most whistleblowers, regardless of citizenship or position within a company, are eligible (or can become eligible) for an award under the program. This includes internal auditors, external auditors, officers, directors, and even individuals involved in the wrongdoing.

Since 2011, the SEC Whistleblower Program has received over 18,000 tips and has awarded more than $150 million to whistleblowers. Enforcement actions resulting from whistleblower tips have enabled the SEC to recover nearly $1 billion in financial remedies from wrongdoers, much of which has been returned to investors.

Free eBook on the SEC Whistleblower Program

The rules implementing the SEC Whistleblower Program are complex and there are many potential pitfalls for whistleblowers. Zuckerman Law has recently released a free eBook about the program that highlights important steps that whistleblowers should take to increase the likelihood of recovering and maximizing an SEC whistleblower award. The eBook covers the following topics:

Overview of the SEC Whistleblower Program

  • What is the SEC Whistleblower Program?
  • Can I submit an anonymous tip to the SEC Whistleblower Office?
  • What employment protections are available for SEC whistleblowers?
  • What violations qualify for an SEC whistleblower award?
  • What are the largest SEC whistleblower awards?

Whistleblowers Eligible for an Award

  • Who is an eligible SEC whistleblower?
  • Can I submit a claim if I had involvement in the fraud or misconduct?
  • Can I submit a tip if I agreed to a confidentiality provision in an employment/severance agreement?
  • Can compliance personnel, auditors, officers or directors qualify for an SEC whistleblower award?

Reporting to the SEC and Maximizing Award Percentage

  • When is the best time to report the fraud or misconduct to the SEC?
  • Do I have to report the violation to my company before reporting the violation to the SEC?
  • Can I submit an SEC Whistleblower claim if the SEC already has an open investigation into the matter?
  • How do I submit a tip to the SEC?
  • What type of evidence should I provide to the SEC?
  • What factors does the SEC consider when determining the amount of the award?

After Reporting to the SEC

  • What happens after I submit a tip to the SEC?
  • How long does it take to receive an SEC whistleblower award?

Click here to download your free copy of the eBook SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award.

About the Author: Jason Zuckerman represents whistleblowers nationwide in whistleblower rewards and whistleblower retaliation claims.  Recently Matt Stock and Zuckerman issued an ebook titled SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award.

Stakes For All Workers Remain Huge In Verizon Strike

Tuesday, May 31st, 2016

Dave JohnsonNOTE: Shortly after this article was posted, news broke of a settlement in the strike between Verizon and workers represented by the Communications Workers of America and the International Brotherhood of Electrical Workers. Workers are expected to return to their jobs next week. IBEW President Lonnie R. Stephenson issued a statement saying, “This tentative contract is an important step forward in helping to end this six-week strike and keeping good Verizon jobs in America.” Verizon’s unionized workers, he said, “look forward to returning to work serving their customers, working under a strong pro-worker and pro-jobs contract.”

With the strike by unionized Verizon workers going into its seventh week, Campaign for America’s Future’s Isaiah J. Poole conducts a short interview with Sara Steffens, Secretary Treasurer of the Communications Workers of America (CWA).

“The picket lines are incredibly strong,” she says in the interview. The striking workers continue to gain support because more people recognize Verizon, as she put it, is “a corporation that doesn’t need a giveback but wants it anyway.”

This is important not just to Verizon’s workers, but for all of us. The April 14 post, “Verizon Workers Strike To Keep America’s Middle Class,” explains that the union’s fight is about a lot more than just their pay, work location and hours.

This is really about the bigger fight between the corporate-dominated economy that puts workers (all of us except a few) last, entirely looking at what benefits the corporation. Work hours, pay, stability, benefits, all are sacrificed to further corporate “flexibility.” So it you are not a wealthy executive or shareholder your life just gets harder and harder, and you have fewer and fewer rights and options.

Another Verizon Strike National Day of Action is being planned for June 2. By then,

… the working families on strike at Verizon and Verizon Wireless will have gone 51 days without pay and over a month without health insurance.

Let’s show Verizon what this fight is all about – making sure the needs of working families are met and protecting good, union jobs for generations to come for all working people in this country.

Join us for a National Day of Action on June 2. Please RSVP and save the date. We’ll be back in touch about events near you and how you can support the fight online.

This post originally appeared on ourfuture.org on May 27, 2016. Reprinted with Permission.

Dave Johnson has more than 20 years of technology industry experience. His earlier career included technical positions, including video game design at Atari and Imagic. He was a pioneer in design and development of productivity and educational applications of personal computers. More recently he helped co-found a company developing desktop systems to validate carbon trading in the US.

Ship Builder Settles $5 Million Lawsuit After Forcing Indians To Work And Live in Awful Conditions

Friday, December 18th, 2015

EstherYuHsiLeeA ship building and repair company will pay $5 million to settle a U.S. Equal Employment Opportunity Commission (EEOC) race and national origin discrimination lawsuit with 476 Indian guest workers who worked at the company’s facilities after hurricanes Katrina and Rita. While Indian workers lived in squalid containers “the size of a double-wide trailer,” non-Indian workers were not subjected to the same conditions.

According to the lawsuit, Signal International recruited Indian guest workers through the federal H-2B guest worker program to work at its facilities in Texas and Mississippi and forced them to pay to live in deplorable conditions. In its lawsuit, the EEOC alleged that Signal forced “the men to pay $1,050 a month to live in overcrowded, unsanitary, guarded camps. As many as 24 men were forced to live in containers the size of a double-wide trailer, while non-Indian workers were not required to live in these camps.”

H-2B visas are generally used for low-skilled or seasonal work, which are valid for ten months, with the chance to extend visa renewals up to three years. As part of the visa program, employees should be reimbursed for the consulate interview fee, visa fee, border crossing fee, and transportation costs associated with obtaining their H-2B visas. Employees aren’t always reimbursed for the H-2 visa process. They are also tied to the employers during their stay in the United States.”

“We are very pleased Signal has accepted responsibility for its wrongdoing and that these workers, who have waited 10 long years for justice, will now receive compensation and can move on with their lives,” Delner Franklin-Thomas, district director for EEOC’s Birmingham District, said in a statement. “In many cases, these men paid thousands of dollars to come to the United States, only to be subjected to inhumane conditions and exploitation after they arrived.”

An estimated 66,000 H-2B visas are distributed on an annual basis. But employers often us the H-2 visa programs to take advantage of legal guest workers. An Economic Policy Institute study found that temporary legal guest workers are as likely to be subjected to low wages as undocumented workers.

The $1.1 trillion omnibus funding bill passed Friday included a provision to dramatically increase the number of H-2B visas. The AFL-CIO and the International Labor Recruitment Working Group criticized the visa provision because it could potentially roll back “protections for low-wage workers and guest workers… while lowering the protections for workers,” Joleen Rivera, a legislative representative at the AFL-CIO, said.

Still, the 476 Indian guest workers are not the only exploited workers from hurricanes Katrina and Rita. Some undocumented immigrant laborers helping to rebuild the Gulf Coast after Hurricane Katrina were threatened with deportation and were often unpaid for the work they did.

This blog was originally posted on ThinkProgress on December 18, 2015. Reprinted with permission.

About the Author: The author’s name is Esther Yu-Hsi Lee. Esther Yu-Hsi Lee is the Immigration Reporter for ThinkProgress. She received her B.A. in Psychology and Middle East and Islamic Studies and a M.A. in Psychology from New York University. A Deferred Action for Childhood Arrivals (DACA) beneficiary, Esther is passionate about immigration issues from all sides of the debate. She is also a White House Champion of Change recipient. Esther is originally from Los Angeles, CA.

New Agreement Means $2.2M in Back Pay, New Work for Florida IATSE Members

Friday, January 4th, 2013

Stagehands in West Palm Beach, Fla., will secure regular work and share some $2.2 million in back pay after Theatrical Stage Employees (IATSE) Local 500 and the Raymond F. Kravis Center for the Performing Artsreached agreement on a five-year contract that settles charges in a dispute that began in 2001.

The agreement was reached in late December and approved today by the National Labor Relations Board (NLRB).  

The new agreement followed a strike last month that forced the cancellation of four performances of the touring musical “Jersey Boys.” Actors’ Equity (AEA) and other unions representing workers in the touring companyrespected IATSE picket lines. When the Palm Beach Post asked Local 500 business manager Terry McKenzie how the agreement was reached, the paper wrote:

McKenzie deadpanned, ‘Well, a strike had something to do with it.’

In 2000, the theater fired several IATSE members and withdrew recognition of the union after declaring an impasse had been reached in negotiations. In 2001, attorneys for the regional director of the NLRB concluded that Kravis had committed “massive and continuous violations” of federal labor law when it unilaterally withdrew recognition of the union, refused to negotiate, discharged union-represented department heads and other major violations.

Kravis appealed the decision to the Bush–era full NLRB, which took five years before the board ruled that the center violated the law when it ejected the union and fired union workers. But the center appealed to a federal appeals court, which upheld the NLRB ruling.

In 2009, the Kravis Center, under court order, returned to the bargaining table, but in 2011 and 2012 committed further labor law violations, according to charges filed by IATSE.  

The new agreement withdraws all pending charges and the NLRB says Kravis also recognizes the union as the bargaining agent for stagehands working on Kravis productions and agrees to obtain workers through the Local 500 hiring hall. The contract also reinstates three department heads whose positions had been eliminated. Said McKenzie in a statement:

The union looks forward to building a positive relationship that contributes to the success of the Kravis Center and gainful employment for the people we represent.

This post was originally posted on AFL-CIO on January 4, 2013. Reprinted with Permission.

About the Author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journal and managing editor of the Seafarers Log. He came to the AFL- CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety. When his collar was still blue, he carried union cards from the Oil, Chemical and Atomic Workers, American Flint Glass Workers and Teamsters for jobs in a chemical plant, a mining equipment manufacturing plant and a warehouse.

Employee Rights Short Takes: New Evidence Of Gender Pay Gap, Race Discrimination, Disability Discrimination And More

Friday, October 1st, 2010

ellen simonHere are a few short takes about employment discrimination stories that made the news this past week:

New Evidence Of Gender Pay Gap And Discrimination Against Mothers In Management

Women made little progress in climbing into management positions according to a new report by the Government Accountability Office yesterday.

As of 2007, the last year for which the data was available, women made up only 40% of managers in the United States work force compared to 39% in 2000. In all but 13 industries covered by the report, women had a significantly smaller share of management positions than men when compared to the overall workforce.

In addition, managers who were mothers earned 79 cents of every dollar paid to managers who were fathers.

The report was prepared at the request of Representative Carolyn Maloney, Democrat of New York, and chairwoman of the Joint Economic Committee for a hearing before that committee on Tuesday — where witnesses  talked about the  “shockingly slow rate of progress” for women in corporate management positions and the “motherhood wage penalty.”

Several individuals who testified urged the passage of the Paycheck Fairness Act as a partial remedy to the issues surrounding gender discrimination in the workforce.

For more about the report read the NY Times article here. For a copy of the report from Rep. Maloney’s website and more about the hearing read and watch here.

Employee With Multiple Sclerosis Settles Discrimination Case For $1.2 Million

An ex-employee of the Madison New Jersey Board of Education with multiple sclerosis settled her disability discrimination case for $1,200,000, including attorney fees, as reported yesterday by DailyRecord.com and Lawyers USA. Disability discrimination is prohibited by the Americans with Disabilities Act.

Joan Briel, a former accounts payable secretary, was diagnosed with MS in 2002. She claimed that her employer retaliated against her by inappropriately increasing her workload, repeatedly harassing her and failing to take action on her requests for reasonable accommodation — including her request to work on the first floor instead of the third floor.

Briel also claimed that the stress of the work environment caused her to relapse and that she was fired while she was on medical leave.

The case was heading for a jury trial when the settlement was reached. Ms. Briel will receive $412,000 in the settlement. Her attorneys will receive $877,303 for the work they did on the case. The court also awarded Briel over $43,000 in costs.

Plaintiffs in civil rights cases may recover attorneys’ fees – if they prevail — in addition to their individual award in most cases. These legal provisions are intended to encourage attorneys to represent individuals who are unable to invoke the protection of civil rights laws because they can not afford a lawyer.

Discrimination cases are difficult to litigate and are often complex and protracted. Therefore, it’s not unusual for the attorneys’ fees ( on both sides) to be larger than the award, or greater than the amount in controversy.

This newly reported case is but one example of the potentially high costs to employers when employment discrimination cases are not resolved early.

EEOC Settles Race Discrimination And Retaliation Case For $400,000

The Cleveland office of the EEOC announced a $400,000 settlement of a class action race discrimination and retaliation case against Mineral Met Inc., a division of Chemalloy Company.

Evidence in the case showed that black employees were disciplined for trivial matters – such as having facial hair or using a cell phone — while white employees were not disciplined for the same conduct. When one of the supervisors complained, it resulted in intensified racially discriminatory treatment and retaliation according to the EEOC.

The EEOC also charged that African-American employees were also subjected to other forms of racial harassment, including evidence that a white supervisor placed a hangman’s noose on a piece of machinery. (once again shocking that this is still going on)

Race discrimination in employment and retaliation for complaining about discrimination violate Title VII of the Civil Rights Act of 1964.

This article was originally posted on Employee Rights Blog.

About the Author: Ellen Simon: is recognized as one of the leading  employment and civil rights lawyers in the United States.She offers legal advice to individuals on employment rights, age/gender/race and disability discrimination, retaliation and sexual harassment. With a unique grasp of the issues, Ellen’s a sought-after legal analyst who discusses high-profile civil cases, employment discrimination and woman’s issues. Her blog, Employee Rights Post has dedicated readers who turn to Ellen for her advice and opinion. For more information go to www.ellensimon.net.

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