18th Annual Workplace Class Action Report - 2022 Edition

Annual Workplace Class Action Litigation Report: 2022 Edition 35 1. $160 million – United States 2. $140 million – ABM Industries 3. $100 million – DoorDash 4. $95 million – Wells Fargo Bank, N.A. 5. $31.5 million – The TJX Co., Inc. 6. $30 million – XPO Logistics Cartage, LLP 7. $30 million – Apple Inc. 8. $22 million – JCK Legacy CO. 9. $17 million – Humana, Inc. 10. $15.8 million – Matco Tools Corp. The top 10 settlements primarily involved nationwide claims, while only one involved state-specific claims. California led the way with five lawsuits on the list, including three in federal court and two in state court, while the Federal Court of Claims had two resolutions on the top 10 list. 1. $160 million – Mercier, et al. v. United States , Case No. 12-CV-920 (Fed. Cl. Nov. 3, 2021) (final approval granted for a class action settlement of wage & hour claims alleging that nurses were denied overtime pay). 2. $140 million – ABM Industries Overtime Cases , Case No. CJC-07-004502 (Cal. Super. Ct. July 9, 2021) (preliminary approval sought for a class action settlement of wage & hour claims alleging the company failed to keep accurate time records, which led to underpayment of wages). 3. $100 million – Marko, et al. v. DoorDash , Case No. BC659841 (Cal. Super. Ct. Dec. 22, 2021) (preliminary approval granted for class action of wage & hour claims alleging drivers were misclassified as contractors instead of employees). 4. $95 million – Kang, et al. v. Wells Fargo Bank, N.A. , Case No. 17-CV-6220 (N.D. Cal. Dec. 8, 2021) (final approval granted for a class action settlement of wage & hour claims alleging the company did not properly compensate hourly wages, vacation time, and earned sales commissions). 5. $31.5 million – Roberts, et al. v. The TJX Co., Inc. , Case No. 13-CV-13142 (D. Mass. Jan. 5, 2021) (final approval granted for a class action settlement of wage & hour claims involving allegations of misclassifying assistant managers, which resulted in overtime pay violations). 6. $30 million – Alvarez, et al. v. XPO Logistics Cartage, LLC , Case No. 18-CV-3736 (N.D. Cal. Oct. 8, 2021) (preliminary approval granted for two class action settlements of wage & hour claims alleging drivers were misclassified as independent contractors instead of employees). 7. $30 million – Frelkein, et al. v. Apple Inc. , Case No. 13-CV-3451 (N.D. Cal. Dec. 17, 2021) (preliminary approval granted for a class action settlement of wage & hour claims alleging employees were not compensated for time spent waiting during bag checks after shifts).