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P&G willing to pay $3.48M to settle DACA discrimination class action

August 5th, 2021

By Pamela Wolf, J.D.
Under a proposed settlement agreement, Procter & Gamble would pay $3,480,000 to resolve allegations that it discriminated against a young man granted Deferred Action for Childhood Arrivals (DACA) and thousands of others by rejecting them for a paid internship position because of their immigration status. The plaintiff was purportedly rejected despite his [Read more...]

Uber drivers in Massachusetts must arbitrate claims they were misclassified as independent contractors

August 4th, 2021

By Ronald Miller, J.D.
In a suit by Uber drivers in Massachusetts regarding whether they were employees or independent contractors, the Ninth Circuit ruled that an arbitrator must decide that issue for Uber drivers whose contracts with Uber contain mandatory arbitration provisions. As an initial matter, the appeals court concluded that the Uber drivers did not [Read more...]

Field engineers who operated video equipment at oil well sites were not exempt from overtime wages

July 30th, 2021

By Ronald Miller, J.D.
Field engineers were not exempt highly compensated, administrative, or sales employees, so the employer violated the FLSA by failing to pay them overtime for hours worked in excess of 40 per week.
Field engineers for an oil field services company, who operated video equipment at oil well sites, [Read more...]

FEHA harassment claim based on failure to promote accrues when employee knows or should have known of adverse decision

July 30th, 2021

By Kathleen Kapusta, J.D.
California’s highest court also held that a statute of limitations is an affirmative defense and the burden is on the defendant to prove all facts essential to each element of the defense.
A FEHA harassment claim based on a failure to promote accrues when the employee knows or [Read more...]

Litigation over pay for security checks by Amazon warehouse workers in Nevada ends for $13.5M

July 30th, 2021

By Marjorie Johnson, J.D.
The highly contested case had been pending for more than 10 years, with significant adversarial motion practice and discovery, as well as trips to both the U.S. Supreme Court and the Sixth Circuit.
A federal district court in Kentucky gave final approval to a $13.5M settlement of class [Read more...]