Employment Class Action

Uber Driver Files Independent Contractor Misclassification Case

Shortly after the California lawmakers passed a bill calling for gig economy workers to be labeled employees rather than independent contractors, an Uber driver in San Francisco filed a proposed class action alleging she and other drivers were misclassified as independent contractors and underpaid. The legislation, which, if signed by the governor will take effect in 2020, requires employers to prove three things to classify workers as independent contractors: that the workers are free from

Categories: Employment Class Action, Class Actions of Interest, Class Actions Blog
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Amazon Delivery Drivers Exempt From Arbitration

A federal judge in Washington state has ruled that Amazon delivery drivers that had filed a collective action alleging that Amazon misclassified drivers as independent contractors fit the definition of transportation workers who are exempt from the Federal Arbitration Act. U.S. District Judge John C. Coughenour relied on a recent ruling from the U.S. Supreme Court, which said in New Prime v. Oliveira that transportation workers engaged in interstate commerce, including those classified as independent

Categories: Employment Class Action, Class Actions Blog
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Jones Day Former Female Associates File Class Action Alleging Gender Discrimination

A number of former Jones Day female associates filed a putative class action against the enormous law firm seeking to recover over $200 million for pregnancy and gender discrimination. The suit alleged that Jones Day systematically underpaid women and devalued the work of female associates. The suit also alleged that the law firm pushed out lawyers who have children. The suit alleges that the law firm has a fraternity-like culture where male attorneys get the

Categories: Employment Class Action, Class Actions Blog
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Uber Settles Class Action with Drivers Without Rip-off Clauses for $20 Million

Uber Technologies Inc. has agreed to pay $20 million to nearly 14,000 drivers to settle a class action lawsuit alleging that the ride-hailing company misclassified those drivers as independent contractors. The settlement only includes drivers in Massachusetts and California that did not have arbitration clauses in their contracts with Uber. In 2015, a California federal court had certified a class of 240,000 California drivers. In 2016, that court was presented with a $100 million settlement

Categories: Employment Class Action, Class Actions of Interest, Class Actions Blog
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Swift Transportation Settles Class Action With Drivers For $100 Million

Swift Transportation Co. Inc. has agreed to pay $100 million to about 20,000 drivers to settle a class action alleging that it makes its drivers fake owner-operators in order to avoid federal and state wage laws. The lawsuit was filed in December 2009 and alleged that Swift misclassified its drivers as independent contractors and paid them below the federal minimum wage after making them lease and maintain their trucks and pay for gas, tolls, insurance

Categories: Employment Class Action, Class Actions of Interest, Class Actions Blog
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Virgin Airlines Ordered to Pay $77 Million to Flight Attendants in Overtime Class Action

Flight attendants sued Virgin Airlines in 2015 alleging that did not pay its flight attendants for all time spent before, after, and between flights, for completing written reports, for time spent training and for undergoing required drug testing. Additionally, it alleged that Virgin did not allow the class of flight attendants to take meal or rest breaks, and that the airline failed to pay overtime and minimum wages. The court granted class certification in 2016.

Categories: Employment Class Action, Class Actions Blog
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Discrimination Class Action Filed Against Ogletree Deakins

A class action lawsuit has been filed by a former Ogletree Deakins Nash Smoak & Stewart PC shareholder who alleges that the law firm systematically pays female attorneys less than men. The lawsuit also alleges that the plaintiff was fired, because she urged other women at the firm to complain about pay inequity and harassment. The suit is filed in state court in California. There is currently a federal gender discrimination class action lawsuit pending

Categories: Employment Class Action, Class Actions of Interest, Class Actions Blog
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Uber Pays $10 Million to Settle Discrimination Class Action

Five hundred class members who are part of a 2017 class-action suit against Uber alleging pay discrimination and harassment against women and people of color have agreed to settle their dispute with Uber for $10 million. Of that larger group, 56 specifically filed claims alleging sexual harassment or a hostile work environment, and will receive part of a separate $1.9 million payout, an average of $34,000 each.

Categories: Employment Class Action, Class Actions of Interest, Class Actions Blog
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Job Seekers File Class Action Against a Class of Employers Who Use Facebook Ad Placement Tools

A class action lawsuit has been filed on behalf of older workers who seek to sue a defendant class of all employers and employment agencies who use Facebooks’ ad placement tools to direct ads to younger workers to the exclusion of older workers. The Communication Workers Union and other plaintiffs allege that employers that do this are engaging in disparate treatment.

Categories: Employment Class Action, Class Actions Blog
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Foot Locker Pension Plan Members Recover $290 Million in ERISA Class Action

A New York federal judge confirmed that 16,000 Foot Locker pension plan members were entitled to $290 million in benefits following a successful challenge to a cut in their plan. The judge entered an amended final judgment in the long-running case after the U.S. Supreme Court in February denied Foot Locker’s petition, confirming that the retailer must pay $290 million to its pension plan members in the long running Employee Retirement Income Security Act case.

Categories: Employment Class Action, Class Actions of Interest, Class Actions Blog
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Uber Claims It Is Ending Arbitration For Sexual Harassment Claims, But It Still Bars Class Actions

Uber won praise on May 12, 2018, when it announced it would no longer steer sexual misconduct claims into arbitration. However, the announcement failed to note that the company refrained from any promises that it would free victims from arbitration agreements if their claims are part of class action litigation.

Categories: Employment Class Action, Class Actions of Interest, Forced Arbitration, Class Actions Blog
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