On July 6th, 2022, American Airlines carrier Envoy Air (“Envoy” or the “Company” or “Defendant”) reached a binding settlement agreement with former employee and lead Plaintiff Maysoun Abudayyeh on behalf of herself and similarly situated class members (collectively, “Plaintiffs”). While the details of the settlement agreement are not yet available, according to the reports of Magistrate Judge Heather K. McShain of the United States District Court for the Northern District…
On July 8, 2022, the United States District Court for the Western District of Washington denied a motion for class certification (“Motion”) filed by Amazon Flex Drivers (the “Drivers” or “Plaintiffs”) in a misclassification suit against Amazon.com, Inc. and Amazon Logistics, Inc. (collectively, “Amazon” or “Defendants”). In the Motion, filed on June 30, 2022, the Drivers argued that they meet all the requirements for class certification: numerosity, commonality, typicality, adequacy,…
On June 30, 2022, another employment class action lawsuit was filed against Tesla, Inc., (“Tesla” or the “Company”) alleging that African American and Hispanic employees suffer discrimination at the Company’s Fremont factory. More specifically, the lawsuit claims that Tesla supervisors, managers, and Human Resources personnel engaged in daily harassment of African American and Hispanic employees, creating a toxic work environment. Plaintiffs are seeking civil penalties, monetary damages, and a legal…
In a unanimous opinion issued on June 14, 2022, the Massachusetts Supreme Judicial Court found it was an error for the Massachusetts Attorney General to certify two proposed ballot initiatives to redefine the employment classification of rideshare app drivers. The Court determined the initiatives contained at least two substantially distinct policy decisions, and that the lumping together of multiple policy questions does not allow voters to answer a single initiative…
On June 10, 2022, Google LLC (“Google” or the “Company”) 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…
Workers of Briggs Traditional Turf Farm (“Briggs” or the “Farm”) have sought sanctions against their employer for misleading employees who could opt into a lawsuit against the Farm. The second amended complaint, 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.…
Pennsylvania’s Joint Task Force on Misclassification of Employees (“Task Force”) held its fourth meeting of the year on April 22, 2022, the first in-person meeting since its assembly in January 2021. The Task Force is a bipartisan group of nominated volunteers representing business, labor, and government seeking to publicize a comprehensive understanding of worker misclassification and its consequences. This meeting occurred a month after the Task Force released its Annual…
On February 17, 2022, a class of 1,322 California drivers announced an $8.43 million settlement (the “Settlement”) with Uber Technologies, Inc. (“Uber”) to resolve claims in James v. Uber. The Settlement, which comes in the wake of a $20 million initial settlement between Uber and a class of 15,000 California and Massachusetts Uber drivers in O'Connor v. Uber, compensates drivers for damages incurred after O’Connor and before the enactment of…
Disclaimer: Miller Shah was not involved in this case. On October 29, 2020, a class action lawsuit was filed in the United States District Court for the Northern District of Illinois accusing popular ride sharing platform Uber Technologies, Inc. (“Uber” or “Defendant”), of misclassifying its drivers as independent contractors instead of employees under federal wage laws. The action alleges that because drivers were misclassified as independent contractors, they missed out on…
In California and across the country, truck drivers are at risk of being misclassified as independent contractors. This has negative implications for drivers’ taxes and workplace protections, as independent contractors are not subject to the same workplace regulations or protections as employees. For workers in labor-intensive jobs, such as truck drivers, this can cause serious issues. But truck drivers in California have recently made strides forward in advocating for their employment status.…
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