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California Employment Class Action Lawsuits: Real Cases

When many people hear about class action cases, they typically think of those that relate to a large group of consumers. But what you may not know is that you can also file workplace discrimination and employment class action lawsuits.

If your California employer is violating Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (FEHA), California's Wage and Hour laws, or the Fair Labor Standards Act (FLSA), you may be able to file a class action suit on behalf of yourself and a group employees who are facing the same unlawful types of employer behaviors. But how do you what an employment class action claim looks like?

The following summaries of real employment and labor class action cases in California will illustrate what constitutes a workplace class action lawsuit, and how this type of claim relates to employee rights laws.

When many people hear about class action cases, they typically think of those that relate to a large group of consumers. But what you may not know is that you can also file workplace discrimination and employment class action lawsuits.

If your California employer is violating Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (FEHA), California's Wage and Hour laws, or the Fair Labor Standards Act (FLSA), you may be able to file a class action suit on behalf of yourself and a group employees who are facing the same unlawful types of employer behaviors. But how do you what an employment class action claim looks like?

The following summaries of real employment and labor class action cases in California will illustrate what constitutes a workplace class action lawsuit, and how this type of claim relates to employee rights laws.

Real Class Action Cases and Settlements in California

California Labor Law Class Action Lawsuit: Securitas Settles for $2.5 Million

A California class action labor lawsuit involving former and current security guards employed by Securitas, alleged violations to both California and federal statutes.

The class action suit was filed by Michael Deatrick in October 2013. The lead plaintiff claimed that security officers were given sums of money in lump-sum payments one time per year as compensated vacation time. Deatrick alleged that his employer's actions violated California labor and employment law and the Fair Labor Standards Act (FLSA) as a lump sum payment of this type is not considered actual vacation pay under law.

Deatrick also asserted that the payment by Securitas was a nondiscretionary retention bonus based on the number of hours worked, but not dependent on time taken for vacation. Deatrick also claimed the payment was not included in overtime calculations.

Read the full story

California Employment Check Class Action Lawsuit: Home Depot Settles for $3 Million

A California federal judge signed off on a $3 million class action lawsuit settlement against Home Depot alleging the retailer's violations of the Fair Credit Reporting Act. According to the suit, the home improvement giant used improper background check forms on job applications.

Upon applying for a job with Home Depot in 2011, lead plaintiff Irene Fernandez was asked to sign background check authorization forms. But Fernandez alleged that the forms she was required to sign violate the FCRA due to the fact that instead of simply disclosing that Home Depot would obtain a consumer report, the forms included provisions that would release the retailer from any repercussions or liability if false information was provided on the application.

U.S. District Judge David O. Carter agreed to the terms of the Home Depot class action settlement and said, "after considering the monetary recovery provided by the settlement in light of the challenges posed by continued litigation, the Court concludes that the settlement provides Class Members with fair and adequate relief."

As an addition to the settlement fund, Home Depot agreed to stop using improper background check forms.

Read the full story

Employment Status Class Action Lawsuit Against Uber

A federal judge in San Francisco granted class action status to an employment lawsuit against Uber that was brought by three drivers who claimed that the on-demand ride company misclassified its employees as independent contractors.

The class action suit alleges that while Uber treats its drivers like employees, drivers do not receive the requisite benefits such as health insurance and even expense reimbursements. As many as 160,000 California Uber drivers could join the class action case and seek mileage and other reimbursement money valued at $51 billion.

While the decision applies to all California UberBlack, UberX and UberSUV drivers who have driven for the company since August 2009, it excludes those who work for third-party companies and the drivers bound by the company's 2014 arbitration clause.

"This decision is a major victory for Uber drivers," says Shannon Liss-Riordan, the Boston lawyer who is representing the Uber drivers in the case.

The Uber class action case is set for trial in June 2016.

Read more about the Uber class action lawsuit

Gender Discrimination Class Action Lawsuit: Costco Settles for $8 Million

An employment discrimination class action lawsuit was filed against Costco Wholesale Corporation on August 17, 2004, and in late 2013, after nearly ten years of litigation, both parties agreed on a settlement.

The class action suit, brought by a female Costco assistant manager was filed on behalf of herself and all current and former female Costco employees across America who were subjected to gender discrimination in the workplace and denied promotions to managerial roles. The suit alleged that Costco operates a "glass ceiling" which had been prohibiting women from getting promoted to assistant manager and general manager positions with the company, violating Title VII.

Read the settlement documents

Employment Class Action Lawsuits: Additional Resources

  • Employment Class Actions via Workplace Fairness
  • Employee Misclassification and Unpaid Overtime Lawsuits via ClassAction.org
  • Open Class Action Lawsuit Settlements via TopClassActions.com

All employees deserve to work in safe and fair work environments. If your employer is violating federal or California labor and employment laws, contact our California employment class action attorneys for a free consultation.

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