Class Action Roundup – March 22, 2017

Minor League Baseball Players’ Minimum Wage Suit Gets Recertified as Class Action

An Associated Press report published on ESPN.com says a lawsuit filed by minor league baseball players over allegations that they’re paid less than minimum wage has been recertified as a class action by a federal judge. The decision is the latest development in a case that was given preliminary class certification in October 2015, only to have it revoked in July 2016.

The San Francisco judge who handed down the 69-page certification order—which covers individuals who have played in spring training, California instructional league, and extended spring training games since February 7, 2011—instructed both sides in the case to propose a schedule and set a case management contest by early May.

Read more over at ESPN.com. For a more detailed look at the ongoing litigation, check out Craig Calcaterra’s piece on NBCSports.com.

Mary-Kate and Ashley Olsen’s Dualstar Entertainment Settles Former Interns’ Suit for $140K

Entertainment Tonight Online is reporting that former Full House stars Mary-Kate and Ashley Olsen’s production and fashion company, Dualstar Entertainment Group, will shell out a $140,000 settlement to former interns who alleged in a class action lawsuit that they made less than the federal minimum wage or were sometimes not paid at all for working “extended hours.” ETOnline.com says 185 interns may be eligible for a piece of the settlement, the conditions of which dictate that each claimant who applies and qualifies may be entitled to $530. A judge has yet to grant official approval of the deal.

The lawsuit’s named plaintiff alleged she worked 50 hours per week essentially doing “goffer” work, including “running personal errands for paid employees,” making copies, and sewing.

Writer Jennifer Drysdale has more at ETOnline.com.

Settlement in Google Email Scanning Class Action Turned Down by U.S. District Judge

USNews.com this week published a Reuters report saying a California judge has rejected a proposed settlement from Google that would put to rest a proposed class action in which plaintiffs claim the tech overlords unlawfully scanned non-Gmail users’ emails for targeted advertising purposes.

U.S. District Judge Lucy Koh wrote in her decision that the proposed deal—one that granted no monetary relief to plaintiffs but $2.2 million in plaintiffs’ counsel fees and expenses—made it “unclear” whether it would ensure Google would update its methods to comply with state and federal privacy statutes. Of the somewhat murky deal, the judge said that the court “cannot conclude that the settlement is fundamentally fair, adequate, and reasonable.”

Reuters’ Jonathan Stempel has more on the developments.

Neiman Marcus Will End Shopper Data Breach Class Action for $1.6M

Consumers affected by a December 2013 Neiman Marcus data breach that compromised the credit and debit card information of roughly 350,000 shoppers may be looking at a piece of a $1.6 million settlement reached this week. DallasNews.com writes that the hack—which was reportedly sparked by malware within Neiman Marcus’ sale terminals—was the same in scope to similarly high-profile data breaches that hit Target and others in 2013 and 2014.

An estimated 640,000-strong settlement class is reportedly comprised of individuals in the United States with a credit or debit card account used at any Neiman Marcus store between July 16, 2013 and January 10, 2014.

Maria Halkias has more on the settlement at DallasNews.com.

DOL, Disney Settlement Nets $3.8M in Back Pay for Florida Resort Workers

Variety reports that a settlement has been reached between the U.S. Department of Labor (DOL) and two Walt Disney Co. divisions that will pay out millions in unpaid wages to employees of the latter’s Florida resort. The $3.8 million agreement, the DOL announced, comes after the agency uncovered minimum wage, overtime pay and recordkeeping violations.

Moreover, Variety says, Disney was found to have “deducted a uniform or ‘costume’ expense” that allegedly caused some workers’ wages to fall below the federal minimum benchmark.

Senior Editor Ted Johnson has more details on the deal at Variety.com.

Even with $27M Settlement, Lyft Drivers Will Still be Classified as Independent Contractors

While the $27 million settlement in the Lyft drivers’ worker misclassification class action looks great on the surface, it’s not without some caveats.

A report on the deal from Ars Techinca says roughly 200,000 current and former California Lyft drivers may be eligible for a piece of the settlement. But, even with the large reward amount, the drivers will still be classified as independent contractors exempt from overtime pay and other Fair Labor Standards Act (FLSA) protections.

“The agreement is not perfect. And the status of Lyft drives under California law remains uncertain going forward,” said U.S. District Judge Vince Chhabria.

Ars Technica senior editor David Kravets has the details of the settlement on the publication’s website.