The statutes against age discrimination protect employees who are age 40 and older from discrimination in hiring, firing, promotions, wages, benefits or layoffs solely because of their ages. The main federal statute, which applies in California and all other states, is the Age Discrimination in Employment Act. All states also have their own legislation against employment discrimination that complement the federal counterparts.
Many cases are filed with the Equal Employment Opportunity Commission by employees seeking redress for discrimination at work due to age. There are also cases, in the nature of class actions, that are filed on behalf of numerous employees seeking the same, or generally the same, relief. Twenty-nine former employees of General Mills recently filed a case in federal court based on alleged age discrimination.
The complaint alleges that the company discriminated when it terminated numerous employees in 2014 and 2015 as part of what was called “Project Catalyst.” That was a restructuring that terminated those over 40 at a rate three times higher than those under 40, according to the complaint. The terminations were ostensibly based on the elimination of certain positions in a reorganization by the company.
However, in reality, many positions were not eliminated but merely ‘recycled’ into new departments and given to employees under the age of 40. After termination, many older employees also found their jobs being reassigned to younger workers. Such tactics are very common in age discrimination cases involving terminations made under the guise of restructuring and so-called downsizing.
Large employers know that they can save tens of millions of dollars by eliminating experienced older workers and hiring younger workers to fill their places. The younger workers get paid significantly less, perform much or all of the same work, and get very slim benefits in comparison to the older workers. The company thus reaps a substantial financial benefit by engaging in a widespread or piecemeal program of age discrimination, despite losing the benefit of the accumulated wisdom of the older workers. Employment discrimination of this kind is prohibited in California and all other states.
Source: kare11.com, “Former General Mills employees file age discrimination suit”, Allen Costantini, April 13, 2016
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TCPA class action against the Los Angeles Times. Final approval granted 2014.
TCPA class action certified on behalf of approximately 2,000,000 class members under Rule 23(b)(2) and (b)(3). Subsequently settled on a Rule 23(b)(2) and (b)(3) basis. Final approval granted.
Unruh Act class action on behalf of approximately 240,000 consumers challenging Tinder’s age-based differential pricing for its subscription service. Final approval granted; subsequently went up on appeal.
TCPA class action alleging HD Supply sent unauthorized marketing text messages to consumers’ mobile phones without consent between October 21, 2011 and July 26, 2017. Presided over by Judge Fernando M. Olguin. Case terminated January 29, 2018.
TCPA class action against a Kansas-based payday lender alleged to have contacted consumers via prerecorded calls on their cell phones to collect alleged debts without consent. California federal judge granted final approval.
Class-wide settlement in wage and hour independent contractor misclassification class action on behalf of approximately 1,800 valet employees. Final approval granted.
Cal. Penal Code § 632.7 class action certified by contested motion under Rule 23(b)(2) and (b)(3) on behalf of over 40,000 class members whose calls were recorded without their knowledge or consent. Final approval granted.
$13 Million Class action alleging HSBC recorded consumer telephone calls without knowledge or consent in violation of California’s Privacy Statute (Penal Code § 632.7). California Federal Judge granted final approval.
One of the largest TCPA class action settlements in U.S. history at time of approval. Alleged Chase used an automatic telephone dialing system to contact consumers on their cell phones without prior express consent from July 2008 through December 2013. Settlement class included over 32 million members. Final approval granted March 2016.
Class action on behalf of over 100,000 owners of GM vehicles equipped with allegedly defective LG-manufactured batteries posing fire and safety risks. Litigation commenced December 2020. U.S. District Judge Terrence G. Berg indicated preliminary approval of the $150 million settlement.
Landmark gig-economy class action. DoorDash drivers in California and Massachusetts alleged they were wrongly classified as independent contractors rather than employees. Firm served as class counsel. Final approval granted January 13, 2022 — the largest gig-economy worker class settlement in U.S. history at the time.
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