The Litigation Counsellor®

On Friday, June 10, 2022, a Texas federal judge’s ruling allowed a University of Texas (“UT”) Law Professor’s discrimination claim to move forward. Despite a magistrate judge’s recommendation that summary judgement be granted in UT’s favor, U.S. District Judge David Alan Ezra did not issue summary judgment in UT’s favor. Instead he allowed the plaintiff’s federal Equal Pay Claim to go forward, while dismissing her Title VII claim.

On Tuesday, February 22, 2022, a settlement was announced between the U.S. Soccer Federation and the U.S. Women’s National Team (“USWNT”) Players to end their equal pay and pay discrimination litigation.

The parties announced that the U.S. Soccer Federation will pay $22 million to the players. An additional $2 million will be paid into an account “to benefit the USWNT players in their post-career goals and charitable efforts related to women’s and girls’ soccer.”

On February 23, 2021, class claims were filed in federal court in the Eastern District of California Fresno Division, against retail giant Walmart Inc. alleging that the defendant implemented an illegal policy requiring its non-exempt workers to undergo COVID-19 screenings prior to each shift without pay.

On November 16, 2020, Eastern District of New York Judge Eric R. Komitee granted preliminary approval for a $1.3 million proposed settlement that ended claims between pet supply store Petco and a class of former employees.

On September 1, 2020, international consulting firm Deloitte was served with class claims in federal court in the Southern District of New York, alleging that the company’s parental leave program is highly misleading.

In the complaint, named plaintiff Saxon Knight describes how Deloitte advertises to both the public and its employees, that it offers a progressive parental leave program. The plaintiff argues that the defendant company makes it a point to self-promote its parental leave policies and has been generously lauded by the media for its commitment to allowing employees to take up to 16 weeks of paid leave.

On August 12, 2020, popular food chain Chipotle Mexican Grill Inc. (“Chipotle”) was served with proposed class claims in federal court in the District of Arizona, alleging that the company discriminates against female employees who are breast feeding.

On March 31, 2020, U.S. District Court Judge for the Northern District of Illinois Eastern Division, Sara L. Ellis, granted class certification to a class of African Americans who argue that defendant Personnel Staffing Group, LLC (d/b/a Most Valuable Personnel (“MVP”)) systematically steered African American workers away from work assignments at defendant Gold Standard Baking Inc. (“GSB”) because of GSB’s discriminatory hiring policy.

On November 8, 2019, U.S. District Judge for the Central District of California, R. Gary Klausner, granted class certification to the U.S. Senior Women’s National Soccer Team (“WNT”) in its suit against the U.S. Soccer Federation Inc.

The action was filed on March 8, 2019, just months before the team’s historic World Cup victory, naming all 28 current WNT players as named plaintiffs. In the complaint, the players claim that the U.S. Soccer Federation is in violation of the Equal Pay Act and Title VII of the Civil Rights Act of 1964, alleging that the defendant’s pay structure is unfair to the women’s team in comparison to the less successful men’s league.

On May 31, 2019, Missouri federal judge Stephen R. Bough granted preliminary approval for a $15.25 million settlement between drugstore giant CVS and a class of its customer telephone service representatives.

Named plaintiffs in the suit, Timothy Woods and Kimberly Gibson, filed class claims against CVS in July 2014, alleging that CVS was depriving call center employees of proper compensation by requiring them to power up their computers and upload applications before officially clocking into work and starting their paid work day.

On March 12, 2019, a $4.2 million settlement was submitted to Los Angeles Superior Court Judge Elihu M. Berle for final approval, bringing an end to a proposed class of housekeepers employed by Marriott International Inc. (“Marriott”) who alleged that the hotel chain violated California Labor Code §226.7, 226(a) and 2698 and violated the Labor Code Private Attorneys General Act when it failed to provide class members rest periods during the work day.

On February 27, 2019, class claims were filed against the John McEnroe Tennis Academy (the “Academy”) in New York federal court by a disgruntled former driver who alleged that the defendant institution, along with its owners and day-to-day overseers, failed to adequately compensate Academy drivers for overtime in violation of the Fair Labor Standards Act (“FLSA”).

On January 3, 2019, North Carolina federal judge Catherine C. Eagles granted approval for a $1.3 million settlement to end class claims between rideshare giant Uber Technologies Inc. and a class of more than 5,000 Uber drivers who allege that Uber misclassified them as independent contractors.

On October 30, 2018, California Judge Ioana Petrou granted approval for a $6.8 million settlement in favor of employees of The Wine Group LLC, who alleged that the company, the world’s second largest winemaker by volume, violated multiple state labor statues by denying employees meal and rest breaks as well as failing to properly pay overtime and minimum wages.

On October 9, 2018, a class of Bank of America, N.A. (“BofA”) mortgage loan officers petitioned U.S. District Judge Edward Chen to grant preliminary approval for an $11 million settlement.

The suit was originally filed in May 2016 in Alameda County Superior Court by named plaintiff Gina McLeod and was later moved to federal court in the Northern District of California by defendant BofA in June 2016.