Cal State ESL Teachers Represented by Andrus Anderson LLP

Andrus Anderson represents California State University-East Bay (Cal State) English as a second language (ESL) teachers in a class action in Alameda County Superior Court.  The lawsuit, Nelson et al., v. California State University, East Bay Foundation, Inc., was filed on March 23, 2009 (Case No. RG09442869).

ESL Teachers Allege Violations of Labor Laws, Back Pay Owed

In their complaint, current and former ESL teachers allege that Cal State has not paid them for all hours worked, as required under California’s labor laws.  Specifically, the teachers claim that Cal State’s refusal to pay for all time worked outside of the classroom (including preparation time, grading time and time spent meeting with students), violates California Wage Order 4-2001 and California’s Business & Professions Code § 17200.  Additionally, the lawsuit alleges breach of contract, failure to pay waiting time penalties to former teachers, and failure to maintain accurate time keeping records.

The ESL teachers seek certification of a class of ESL teachers who have not been paid for all hours worked since March 23, 2005, and, among other things, seek back pay with interest, restitution, and civil penalties.

Contact Andrus Anderson

If you are an ESL teacher and have been denied pay for time spent outside of the classroom, we would like to learn more about your experience as part of our investigation.  Please click here to submit your complaint.

Andrus Anderson Investigating Hydroxycut Injuries

Andrus Anderson LLP is investigating potential cases involving users of Hydroxycut® products who have experienced health problems that may include Rhabdomyolysis (muscle damage that can lead to kidney failure and other health problems), death, cardiovascular symptoms, hypertension, elevated liver enzymes (that can indicate liver failure), kidney failure and seizures.

If you would like to discuss Hydroxycut® cases, associate with us or refer cases to us, please contact attorney Lori Andrus at lori@andrusanderson.com.

Supplement Recall

On May 1, 2009, the FDA issued a consumer advisory that warned consumers to stop using Hydroxycut® products immediately, citing 23 reports of serious health problems and one reported death associated with use of Hydroxycut® products.  Reports of liver damage involved individuals taking the label’s recommended dosage.  Hydroxycut® products are distributed by Iovate Health Sciences USA Inc.  Iovate initiated a voluntary recall when it became aware that the FDA’s safety assessment differed from its own analysis.

Although the reports of serious health problems do not apply to all Hydroxycut® products, Iovate has issued a recall for the following 14 items:

*    Hydroxycut Regular Rapid Release Caplets
*    Hydroxycut Caffeine-Free Rapid Release Caplets
*    Hydroxycut Hardcore Liquid Caplets
*    Hydroxycut Max Liquid Caplets
*    Hydroxycut Regular Drink Packets
*    Hydroxycut Caffeine-Free Drink Packets
*    Hydroxycut Hardcore Drink Packets (Ignition Stix)
*    Hydroxycut Max Drink Packets
*    Hydroxycut Liquid Shots
*    Hydroxycut Hardcore RTDs (Ready-to-Drink)
*    Hydroxycut Max Aqua Shed
*    Hydroxycut 24
*    Hydroxycut Carb Control
*    Hydroxycut Natural

Supplement History

Hydroxycut® products are heavily advertised dietary supplements, energy enhancers and fat burners that are widely distributed and, according to the FDA, sold more than 9 million items in 2008.  Although Hydroxycut® products contain a variety of ingredients and herbal extracts, the FDA has not identified the ingredients, dosages or other health-related factors that may be associated with an increased risk of liver damage and other health problems.

Related Injuries

Symptoms of liver damage and other health problems associated with Hydroxycut® use may include:

*    Jaundice (yellowing of skin or whites of the eyes)
*    Brown urine
*    Light-colored stools
*    Nausea or vomiting
*    Excessive fatigue and weakness
*    Stomach or abdominal pain
*    Itching
*    Loss of appetite

As the manufacturer of dietary supplements, Iovate is required by the Dietary Supplement Health and Education Act of 1994 to ensure product safety before placing it on the market, but the product does not undergo FDA approval.  Once a product is on the market, the manufacturer must report adverse events to the FDA within 15 days.

F.D.A. Urges Consumers To Immediately Stop Using Hydroxycut

The U.S. Food and Drug Administration (FDA) is warning consumers to immediately stop using Hydroxycut products by Iovate Health Sciences, Inc., of Oakville, Ontario and distributed by Iovate Health Sciences U.S.A., Inc. of Blasdell, NY.  Hydroxycut products are associated with a number of serious liver injuries.  To see the FDA’s statement on Hydroxycut click here.

The FDA has received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplants.  One death due to liver failure has been reported to FDA.  Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure.