LOS ANGELES – Three labor union funds are seeking to audit an employer.
Board of directors of the Motion Picture Industry Pension Plan, board of directors of the Motion Picture Industry Individual Account Plan, and board of directors of the Motion Picture Industry Health Plan filed a complaint on March 13 in the U.S. District Court for the Central District of California, Western Division against Jacavi Flavor November Rule LLC alleging violation of the Employee Retirement Income Security Act and the Labor-Management Relations Act.
According to the complaint, the plaintiffs allege that the defendant has failed to produce records for an audit to determine if it has accurate paid and reported contributions. The suit states the parties had previously signed a bargaining agreement.
The plaintiffs seek order compelling the defendant to submit to an audit, for the defendant to make electronic copies of proofs of payment, invoices, payment of any unpaid contributions, liquidated damages, interest, all legal fees and cost of audit, and any other relief as the court deems just. They are represented by Kathryn J. Halford, Elizabeth Rosenfeld and Nicholas I. Starkman of Wohlner Kaplon Cutler Halford & Rosenfeld in Encino.
U.S. District Court for the Central District of California, Western Division Case number 2:17-cv-01988-PSG-E