Stephen Rutkowski

Google Pays $118 Million to Settle Class-Action Gender Discrimination Lawsuit

On June 10, 2022, Google LLC agreed to pay $118 million to settle a class action gender discrimination lawsuit filed by former employees in the Superior Court of California, County of San Francisco. Originally filed in September 2017, the lawsuit advanced four California state law causes of action against Google based on alleged salary disparity, including an Equal Pay Act claim, a Labor Code claim, a Business and Professions Code claim, and a claim for declaratory judgment.

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Arizona Court Rejects Defendants’ Bid for Summary Judgment in Summit Center Kickbacks Case

The whistleblower lawsuit alleges that Northern Arizona Healthcare Corporation, Northern Arizona Orthopedic Surgery Center, LLC, and Flagstaff Medical Center, Inc., which collectively operate healthcare facilities throughout northern Arizona, violated the False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., and Anti-Kickback Statute (“AKS”), 42 U.S.C. § 1320a-7b, by purchasing a physician-owned surgery center at an inflated price in order to reward the physicians for their past business and induce them to refer future business to Defendants.

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The Merits and Pitfalls of Mass Arbitration for Uber and Uber Drivers

Uber increases its leverage and bargaining power regarding bringing claims to arbitration by inserting mandatory arbitration provisions in consumer and employee agreements. These provisions serve to limit the available options for dispute resolution and thereby leave opposing parties little choice but to cooperate with Uber. Yet despite the precedent-evading benefits of arbitration, the possibility of mass arbitration presents Uber with different risks.

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Workers Seek Sanctions on Turf Farm

The lawsuit, filed on December 23, 2021, in the United States District Court for the Western District of Missouri, alleges that Briggs illegally and discriminately withheld overtime pay from workers with H-2A visas by purposely misrepresenting them as agricultural workers.

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Judge Denies Motion to Dismiss – PNC ERISA Class Action

On March 31, 2022, the Honorable Christy Wiegand, a Judge for the United States District Court in the Western District of Pennsylvania, granted in part and denied in part Defendants’ motion to dismiss a class action alleging PNC Financial Services Group Inc. mismanaged its defined-contribution 401(k) retirement plan.

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Joint Task Force on Misclassification of Employees – Pennsylvania Department of Labor & Industry

Pennsylvania’s Joint Task Force on Misclassification of Employees held its fourth meeting of the year on April 22, 2022. The meeting occurred one month after the Task Force released its Annual Report, which outlined 15 unanimous recommendations to tackle employee misclassification. The Task Force plans to submit its final report in December 2022.

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Miller Shah Secures Preliminary Approval of $3.5 Million Settlement in Coca-Cola Bottling ERISA Class Action

On March 8, 2022, United States District Judge Frank D. Whitney of the Western District of North Carolina approved a $3.5 million settlement of class action claims alleging the Company mismanaged its defined contribution retirement plan. Represented by Miller Shah, two former Coca-Cola Bottling employees specifically alleged that the Company mismanaged the Plan by incorporating excessive fees and risky investment options.

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