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Judge Says $100 Million Not Fair And Reasonable To Settle Uber Class Action

Jon Allison

Jon Allison’s Monday Blog

Last week federal Judge Edward Chen of the Northern District of California declined to approve a $100 million dollar settlement in a class-action suit by approximately 385 thousand Uber drivers. The Judge said that the amount was still not enough to be fair and reasonable. The Judge said drivers were potentially owed $700 million in mileage reimbursement, $122 million in tips, $2.4 million in overtime and $30 million in phone reimbursements. Attorneys for the drivers and Uber had agreed on the settlement. The risk for Uber in not settling is it could get hit with a big verdict at trial. There is risk for the drivers as well, however, aside from potentially losing at trial. The Ninth Circuit Court of Appeals is reviewing the decision to certify the class of 385 thousand drivers. If that decision were to be overturned, nearly all of the drivers would have to pursue their claims individually in arbitration. When the same thing happened to Lyft in a similar lawsuit, it increased its proposal from $12.5 million to $27 million and that amount was approved by the judge overseeing that litigation. We’ll see what happens here.

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Randy Freking Invited to Roundtable Discussion with Secretary of Labor, Tom Perez

Freking Myers & Reul

UPDATE:  Live feed of the roundtable discussion will begin at 11:30 a.m.  Follow this link:

https://www.facebook.com/InnovationOhio/

On Wednesday, July 20, United States Secretary of Labor, Tom Perez, will hold an open press round table discussion concerning local and national efforts to advance paid family leave. Secretary Perez will be joined by Ohio lawmakers, business owners, workers that are impacted by paid leave, and Randy Freking of Freking Myers & Reul.

The event will take place at Union Hall in Cincinnati (1311 Vine Street) from 11:30 a.m. to 12:30 p.m.

As a participant in the roundtable discussion, Randy will share his belief that paid family leave is good for business by recruiting and retaining outstanding employees. “The shame of the Family and Medical Leave Act is that it only provides 12 weeks of job protection and, worse, does not require that employees be paid during their medical leave. At our firm, we provide for paid leave of at least 90 days and it has resulted in an outstanding record of employee retention. It’s the right thing to do.”

RandyFreking2011-profile

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The EEOC’s Landmark Sexual Orientation Discrimination Settlement

Elizabeth Newman Law Clerk at Freking Myers & Reul

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex. The Equal Employment Opportunity Commission interprets sex discrimination to include discrimination on the basis of sexual orientation. Although this position has not always found support in court, the EEOC filed two lawsuits this spring to enforce its interpretation. Jon Allison blogged about it here.

Late last month, the EEOC settled one of these landmark cases. In EEOC v. Pallet Companies d/b/a IFCO Systems, the EEOC alleged that an employee was harassed by her supervisor because of her sexual orientation and that she was fired in retaliation for complaining to her employer. The settlement agreement requires the employer to pay $182,200 in damages to the employee, as well as $20,000 to the Human Rights Campaign.

According to EEOC General Counsel David Lopez, this settlement was the first resolution of a lawsuit challenging sexual orientation discrimination under Title VII. Even though a court did not weigh in on the matter, this historic settlement could indicate that the EEOC’s interpretation is gaining ground. The EEOC received 1,181 complaints of discrimination on the basis of sexual orientation last year—a number almost certain to grow. The other lawsuit filed by the EEOC asserting sexual orientation discrimination is still pending in Pennsylvania.

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The Glass Ceiling

Jon Allison

Jon Allison’s Monday Blog

Congratulations to Hillary Clinton on becoming the first woman to be a presumptive nominee for a major political party in this Country. I would not wish for my daughter to ever be President. That said, as a father raising a daughter it’s important to me that my daughter believes that all opportunities are open to her if she chooses to pursue them. She’s only 9 now, but kids begin learning about Presidents by that age in school and she is well aware there has never been a woman who was President. I’m not sure whether someone pointed that out to her or if she noticed on her own, but she’s aware. Kids get a lot of input about what they can’t do and/or aren’t expected to be able to do. Clinton’s achievement sends a powerful message about what can be done.

Hillary Clinton clinches Democratic presidential nomination – CNN.com

Hillary Clinton: Madam presumptive nominee – The Economist

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Fines For Failing To Post Notices About Illegal Discrimination Increased

Jon Allison

Jon Allison’s Monday Blog

The Equal Employment Opportunity Commission is increasing the fine for failing to post required Federal nondiscrimination notices to $525 per violation starting July 5, 2016. Every employer that is covered by Federal discrimination laws is required to post notices in prominent and accessible places where notices to employees and applicants are typically maintained describing the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability and genetic information. The current fine per violation is $210. Despite the fine, employers continue to violate the posting requirements. 2010 saw the highest number of violations in the last 10 years. Employees who are unsure of their rights should be able to locate and review these notices. If your employer has not complied with the posting requirements, speak up.

EEOC Doubles Fine for Poster Violation – HRWatchdog

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