Top Class Actions has helped law firms across the country successfully find plaintiffs for class action lawsuits & mass torts since 2008, receiving tens of thousands of leads per month. IERs investigation concluded that there was reasonable cause to believe that the company discriminated against the charging party, an asylee, by removing him from the hiring process for a job at the hotel because he was not a lawful permanent resident or U.S. citizen. On November 16, 2017, the Division signed a settlement agreement with Washington Potato Company resolving an investigation alleging that its Form I-9 employment eligibility verification practices at the Freeze Pack facility, which it operated, violated the anti-discrimination provision of the Immigration and Nationality Act. On December 19, 2012, the Justice Department issued a press release announcing that it reached a settlement agreement with Holliswood Hospital (Holliswood), a hospital in Queens, NY, resolving claims that the hospital violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it required newly hired lawful permanent residents to provide more or different documents during the Form I-9 employment eligibility verification process. On December 6, 2018, the Division reached a settlement agreement with Mrs. Fields Original Cookies, Inc. (Mrs. Fields) to resolve a reasonable cause finding that Mrs. Fields violated the anti-discrimination provision of the Immigration and Nationality Act by discriminating against work-authorized non-U.S. citizens during the employment eligibility verification process. The lead plaintiff alleged that he had overpaid by $3,000 for his $100,000 life insurance policy. IERs investigation also found that Scott Insurance committed unfair documentary practices against the Charging Party, a lawful permanent resident, when it specifically asked for his Permanent Resident Card (PRC) to assess his employment eligibility, then rejected that valid document, in violation of 8 U.S.C. IER determined that the electrician was qualified for the job and that the company would have hired him if had he and his wife had not objected. On June 1, 2009, the Division reached a settlement agreement with Hine Nurseries, Inc., a California corporation, to resolve allegations of citizenship status discrimination in violation of INAs anti-discrimination provision. Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) September 2012. On October 18, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with the Arapahoe County, Colo. Office of the Sheriff resolving allegations that the Office of the Sheriff violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by improperly restricting law enforcement positions to U.S. citizens only. 1324b and engaged in retaliation when the Permanent Resident refused to present the requested document in violation of 8 U.S.C. The Divisions investigation concluded that Themesoft, Inc. refused to consider an asylee for employment because of his citizenship status. Section 1324b, and undergo departmental reporting and monitoring for 3 years. Under the settlement agreement, ChemArt will, among other things, pay a $3,000 civil penalty to the United States, provide back pay to the worker, train its staff on the requirements of 8 U.S.C. 1324b(a)(6). On September 26, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Huber Nurseries (Huber), based on allegations that Huber engaged in citizenship status discrimination by preferring to hire temporary visa holders over six Nepalese lawful permanent residents. IERs investigation, which began after the worker filed a charge, determined that ChemArt unlawfully requested a specific immigration document from the worker based on her perceived citizenship status and then withdrew her job offer after she opposed the document request. On April 3, 2006, the Division reached a settlement agreement with Gala Construction, Inc. in Rocklin, California resolving a charge of document abuse during the employment eligibility verification process. In addition to paying $500.00 in civil penalties and back pay to the Charging Party in the amount of $2,000.00, Beauty Smart has agreed to train all human resources personnel on their responsibilities under the anti-discrimination provision of the INA, implement a policy prohibiting discrimination on the basis of citizenship status and national origin, and post an equal opportunity statement on its premises for a period of two years. v. Universal Protection Services LP d/b/a Allied Universal Security Services Class Action Lawsuit. On June 28, 2017, IER reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express) resolving allegations of unfair documentary practices. These non-U.S. citizen employees often presented documents that did not require reverification of employment eligibility. Levy Restaurants (Unfair Documentary Practices) February 2017. Eastridge Workforce Solutions (Unfair Documentary Practices) August 2016. IERs investigation found that ESGW, a non-profit organization headquartered in Great Falls, MT, which also operates in Utah, Idaho and Wyoming, discriminated against an asylee by rejecting her documents that were valid proof of work authorization and demanding different documents to verify her employment eligibility, based on her immigration status. This month's featured class-action settlements showcase a wide range of companies that have agreed to pay out high-dollar settlements to consumers. Settlement Press Release Settlement Agreement, Giant Food (Unfair Documentary Practices) October 2022. This difference in treatment violates 8 U.S.C. On June 19, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Accountemps, a division of Robert Half International Inc. On October 6, 2020, IER signed a settlement agreement with Security Management of South Carolina, LLC (SMSC), a private security company that provides security services throughout South Carolina and Georgia. The settlement agreement provided for various remedies, including $175,000 in civil penalties, $100,000 in back pay for any injured parties, training, and monitoring. Back in December 2020, a class action lawsuit was filed against HP in a district court in Northern California. Both lawsuits have reached a settlement and as part of that, Uber has agreed to pay $20,000,000 and will change certain policies that affect . Mexico Foods, LLC (Unfair Documentary Practices) April 2014. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) initiated its investigation based on a charge that a charging party lawful submitted after her hiring was delayed at a store in Glendale, California. 1324b(a)(6). Poulan Pecan (Unfair Documentary Practices) March 2013. CytoSport and Muscle Milk: False Advertising If you bought certain CytoSport or. SEC Lawsuit The Allied World LPL policy states that Allied World must "defend any Claim seeking Damages covered under this Policy." Policy V.C.1. 1324b and undergo departmental monitoring for two years. Under the agreement, Select Staffing will pay $230,000 in civil penalties to the United States, set aside a fund of $35,000 to compensate work-authorized individuals who suffered economic damages, undergo training, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for three years. The complaint alleges that Crop Production imposed more burdensome requirements on U.S. workers than it did on H-2A visa workers to discourage U.S. workers from working at the facility. The Data Entry Company (Citizenship Status) May 2015. N/A. Scott Insurance (Unfair Documentary Practices and Citizenship Status) January 2022, On January 24, 2022, IER signed a settlement agreement with James A. Scott & Son, Inc. d/b/a Scott Insurance resolving IERs reasonable cause finding that Scott Insurance committed an unfair documentary practice in violation of 8 U.S.C. 1324b. 1324b(a)(6). The Divisions investigation determined that from at least Dec. 1, 2017, until at least June 1, 2018, Hallaton routinely discriminated against U.S. workers by failing to consider them for construction laborer positions. The settlement requires Lady M to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty. On February 18, 2020, the Division signed a settlement agreement with Chancery Staffing Solutions LLC, aka TransPerfect Staffing Solutions, a legal staffing company headquartered in New York, NY. IER concluded that by soliciting applications only from applicants with certain non-U.S. citizen immigration statuses and referencing the need for specific work permits that can only be obtained by non-U.S. citizens on certain temporary visas, ASTAs job advertisement unlawfully deterred U.S. citizens, lawful permanent residents, refugees, and asylees from applying for the job opportunity. On June 8, 2010, the Division signed a settlement agreement with Aquatico Pool Management of Sugarland, Texas resolving a charge by a lawful permanent resident of discrimination during the Form I-9 process. In some instances, after sending these unnecessary e-mails, Ascension further required non-U.S. citizen employees to present new documents in order to continue working. The documentary demand that the Charging Party present a document he could not legally obtain resulted in the end of the Charging Partys employment. On September 30, 2011, the Department of Justice issued a press release announcing that it filed a complaint against Generations Healthcare, a healthcare provider with skilled nursing facilities throughout California, alleging that it engaged in a pattern or practice of discrimination by imposing unnecessary documentary requirements on naturalized U.S. citizens and non-U.S. citizens in order to work in the U.S. Kinro Manufacturing, Inc. (Unfair Documentary Practices) August 2011. Allied Universal and Universal Protection Service, LLC have been hit with a proposed class and collective lawsuit out of federal court in Pennsylvania alleging the defendants broke the Fair Labor Standards Act and several state laws. 1324b(a)(6). As part of the settlement agreement, Afni agreed to pay back pay to the charging party and a civil penalty to the United States. Tuscany Hotel and Casino, LLC (Unfair Documentary Practices) October 2012. On April 1, 2019, IER signed a settlement agreement with the Housing Authority of Victoria, Texas (Housing Authority), resolving a charge-based investigation. Equal Employment Opportunity Commission (EEOC), the agency announced today. In contrast, Ascension did not program the software to send e-mails to U.S. citizens and therefore did not notify U.S. citizens near the expiration of their documents. The settlement also requires Randstad to train its South Plainfield employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. The settlement agreement resolved the Divisions independent investigation of whether the company was engaging in discriminatory Unfair Documentary Practices on the basis of citizenship status. Additionally, Diversified Maintenance Systems will participate in OSC and USCIS-sponsored training regarding the anti-discrimination provision of the INA and proper E-Verify procedures. Ameritech Global Inc. (Citizenship Status) August 2021. July 14, 2021 - ABC Action News Allied Universal Hiring in Tampa (opens in a new window) June 2021. ComForcare agreed to settlement where it pays $1,210 in civil penalties and $524.96 in back pay. Beauty Smart (National Origin) February 2010. The agreement requires CFAI to pay $321,000 in civil penalties to the United States, train its employees on the requirements of 8 U.S.C. Specifically, IERs investigation found that the company requested non-U.S. citizens (primarily lawful permanent residents), but not U.S. citizens, to produce specific documents to establish their permission to work during the employment eligibility verification process. Facebook (Citizenship Status) October 2021. Allied Universal and the Regional Transportation District on Monday settled the lawsuit filed in April by Raverro Stinnett, who was waiting for a train on April 20, 2018, at Union Station. On May 28, 2019, IER signed a settlement agreement with Stanislaus County to resolve IERs reasonable-cause determination that Stanislaus County delayed the reinstatement of a deputy sheriff based on his citizenship status, despite receiving documentation showing that he satisfied the applicable state-law citizenship requirement, and imposed unlawful citizenship status restrictions in job advertisements and screening questionnaires. June 9, 2021 - Security Info Watch . Specifically, IER found that PMM asked lawful permanent residents to show their permanent resident cards (sometimes known as green cards), and asylees and refugees to show their employment authorization documents (sometimes known as work permits), to prove their permission to work. The Division's investigation, which was based on a referral from the Department of Homeland Security (DHS), established that the employer engaged in a pattern or practice of requiring non-citizens to produce DHS-issued List A documents in addition to non-DHS issued List B and C documents to establish identity and work authority in violation of the anti-discrimination provision of the INA. On March 21, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the companys employment eligibility verification practices. 1324b(a)(1)(B). Amtex is an IT recruitment company that, among other things, identifies candidates for third parties who are seeking IT professionals. As part of the agreement, the company agreed to pay a civil penalty and be subject to departmental training and monitoring requirements. The Court found that GHC violated the Immigration and Nationality Act (INA) when it required foreign-born job applicants and employees to produce more, different, and specific documents to prove their employment eligibility verification, while native-born U.S. citizens were allowed to produce the documentation of their choice. IERs investigation showed that one of the companys recruiters, without prior notice to senior company officials, had placed a facially discriminatory job posting on Dice.com, for a Java Junior Developer (ONLY OPTs who can work on W2). During the course of IERs investigation, however, the company took a number of unilateral steps like additional staff training and changes in its job posting approval process to protect against future violations of the INAs anti-discrimination provision. . On October 15, 2015, Respondent paid its Court-ordered civil penalty of $3,200. 1324b, and be subject to departmental monitoring. Under the settlement agreement, Macys agreed to conform its employment eligibility verification policies and practices to the requirements of 8 U.S.C. In addition to publicizing the unlawful restrictions in the advertisements, the platforms excluded students who did not meet the criteria from equal consideration by preventing them from applying for certain positions and engaging with employers in other ways. 1324b, participate in IER-provided training, and pay a civil penalty of $7,000.00. Under the settlement agreement, Chancery Staffing will pay a civil penalty of $27,000, provide back pay to victims identified during the term of the settlement agreement, and participate in Division-provided training on the anti-discrimination provision contained in 8 U.S.C. On May 9, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the companys Form I-9 employment eligibility verification practices. Specifically, IERs investigation found that Ascension improperly sent automated e-mails requesting proof of continued work authorization to all non-U.S. citizen employees close to the expiration date of the documents they provided when completing the Form I-9. Settlement Press ReleaseSettlement Agreement, Nebraska Beef, Ltd (Unfair Documentary Practices) August 2015. A Manhattan security guard has filed a class-action lawsuit against Allied Universal, which provides security guards to retail stores, hospitals and other locations, alleging the company. The settlements resolve IERs reasonable cause findings that each employer discriminated against college students by posting at least one unlawful job advertisement on job recruitment platforms used by the Georgia Institute of Technology including a citizenship status restriction. In addition, the company will train its employees on the anti-discrimination provision of the Immigration and Nationality Act (INA) and provide periodic reports to the department for a period of three years. On July 14, 2011, the Department issued a press release announcing it filed a complaint against Mar-Jac Poultry Inc. alleging that it required all newly-hired non-U.S. citizen employees to present documents issued by the Department of Homeland Security for the Form I-9. On October 31, 2022, IER signed a settlement agreement with the Giant Company LLC d/b/a Giant Food (Giant) to resolve IERs reasonable cause finding that Giant discriminated against the Charging Party, a lawful permanent resident, as part of its pattern or practice of requiring lawful permanent residents at its Royersford, Pennsylvania store to show certain documents at initial hire because of their citizenship status in violation of 8 U.S.C. The Office of the Sheriff had already addressed an identified victim's back pay claims through an earlier agreement based on a private lawsuit. The settlement requires Navajo to undergo training, make policy changes, be subject to monitoring, and pay a civil penalty of $45,000. IERs investigation of the former employees charge determined that an SKP human resource staffer told the former employee that SKP would not rehire him because he had previously stated that he would file a discrimination complaint to challenge what he believed was SKPs unfair rejection of his Form I-9 documentation. Under the terms of the settlement, Respondents will pay a combined $115,000 in civil penalties to the United States, pay up to $30,000 in back pay to injured parties, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. Official websites use .gov On April 21, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with SK Food Group, Inc., a company headquartered in Seattle, Washington, resolving claims that the company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act (INA). The company changed its hiring practices after notice of IERs investigation. On May 30, 2012, the Department of Justice settled a lawsuit against Whiz International LLC (Whiz), an information technology staffing company, resolving allegations that the company discriminated against one of its employees when it terminated her in retaliation for expressing opposition to its alleged preference for foreign nationals with temporary work visas. The value of the top 10 private-plaintiff wage and hour class actions in 2019 totaled $449.05 million, nearly double the 2018 total of $253.5 million, according to a recent report from law firm . The department found that El Rancho's discriminatory practices were based on employees' citizenship status. On May 9, 2019, the Division filed a complaint with the Office of the Chief Administrative Hearing Officer against Chancery Staffing Solutions LLC, a temporary staffing agency, alleging that the company is responsible for a pattern or practice of citizenship status discrimination in violation of 8 U.S.C. INVESTMENTS PTY LTD. Thawley J. In contrast, Walmart permitted U.S. citizens to produce state IDs and unrestricted Social Security cards. routinely requested specific List A Form I-9 documents from newly hired non-U.S. citizen employees on the basis of their citizenship status but did not make similar requests of U.S. citizens. Firearm manufacturers in the United States may be subject to the International Traffic in Arms Regulations (ITAR), which regulate specific exports of defense articles and services. On September 14, 2021, the Division signed a settlement agreement with Challenger Sports Corp. (Challenger) to resolve a reasonable cause finding that Challenger violated of 8 U.S.C. The Divisions investigation concluded that that the companies routinely required specific Form I-9 identity and work authorization documents from newly hired lawful permanent resident employees based on their citizenship status but did not impose a similar requirement on U.S. citizens. Following an OSC hotline intervention, the university offered the job to the charging party, but not before a manager at the university allegedly reprimanded the charging party for contacting OSC. Mar-Jac will also review and revise its hiring policies as necessary, and be subject to Division monitoring and reporting requirements for two years. On August 13, 2019, IER reached a settlement with Automotive Creations, Inc., Dynamic Auto Images, Inc., Prestige Auto Specialists, Inc., and Expert Automotive Reconditioning, Inc. (collectively, the Companies) to resolve a reasonable cause finding that the Companies violated the anti-discrimination provision of the Immigration and Nationality Act. On May 31, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Tuscany Hotel and Casino, LLC, alleging that it engaged in a pattern or practice of discrimination in the employment eligibility verification and reverification process. 1324b(a)(1). On August 14 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with Best Packing Services Employment Agency Inc. ("Best Packing"), resolving an allegation that the company committed discrimination when it delayed the start date of two refugees after impermissibly demanding that they provide specific Form I-9 documentation. On June 3, 2020, IER signed a settlement agreement with ChemArt, a Rhode Island manufacturing company, resolving claims that the company discriminated against a worker during the employment eligibility verification process and then retaliated against her. Settlement Press Release Settlement Agreement, Barrios Street Realty LLC (Citizenship Status) March 2016. 1324b(a)(5). On August 29, 2014, the Department of Justice issued a press release announcing that it filed a complaint against Louisiana Crane Company, LLC d/b/a Louisiana Crane and Construction, a company that provides crane, construction and other industrial services, due to allegations of Unfair Documentary Practices against non-U.S. citizens. Under the settlement agreement, the companies will pay a civil penalty to the United States, pay the Charging Party back pay plus interest, and train relevant employees on anti-discrimination obligations. 1324b(a)(6) by requiring non-citizens, but not U.S. citizens, to present specific types of documents as part of its employment eligibility verification process. 1324b, and undergo departmental monitoring for two years. Iflowsoft, LLC (Citizenship Status) May 2011. On December 28, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with BAE Systems Ship Repair Inc. to resolve allegations that its subsidiary, BAE Systems Southeast Shipyards Alabama LLC, engaged in a pattern or practice of Unfair Documentary Practices on work-authorized non-U.S. citizens. The Divisions investigation concluded that that CitiStaff routinely requested that non-U.S. citizens present specific documents to prove their work authorization, such as Permanent Resident Cards or Employment Authorization Documents, but did not make similar requests for specific documents to U.S. citizens. The agreement resolves an allegation that the company retaliated against a work-authorized individual after he asserted his rights and privileges under 8 U.S.C. Under the settlement agreement, Crookham Company is required to comply with several injunctive terms to prevent future discrimination, such as specialized training, which Crookham Company has proactively taken and completed prior to the execution of the agreement. UNIVERSAL PROTECTION SERVICE, LP, and DOES 1 through 100, inclusive, Defendants. IERs independent investigation concluded that, from at least January 1, 2015 through September 30, 2017, a Sinai human resources employee required lawful permanent residents and refugees to provide specific documentation issued by the Department of Homeland Security to prove their work authorization, while not imposing this requirement on U.S. citizens. The settlement requires Secureapp to pay $26,000 in civil penalties, undergo training, and be subject to monitoring. On August 15, 2016, the Division issued a press release announcing it reached a settlement agreement with TEG Staffing, Inc., d/b/a Eastridge Workforce Solutions (Eastridge), resolving alleged violations of 8 U.S.C. On September 11, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Estopy Farms, a sorghum and soy farm in McAllen, Tex., which also provides equipment and equipment operators for harvests at other farms. On June 15, 2021, IER signed a settlement with Tecon Services, Inc. resolving a reasonable cause finding that the company engaged in an unfair documentary practice based on national origin, in violation of 8 U.S.C. On October 19, 2010, the Department of Justice issued a press release announcing a settlement agreement with Catholic Healthcare West, a hospital-system with 41 facilities throughout California, Nevada, and Arizona. Many of the employers also posted unlawful and discriminatory advertisements on other college job recruitment platforms. The subsequent investigation revealed that Holliswood imposed greater requirements to verify employment eligibility for lawful permanent residents as compared to U.S. citizen employees. Centerplate, Inc. (Unfair Documentary Practices) January 2013. Several companies agreed to settle allegations of Telephone Consumer Protection Act violations, and one of those could amount to $100 per text. Feltham and her husband, Mathieu A. Leonelli, (collectively, plaintiffs) filed a lawsuit alleging Villegas's employer, Universal Protection Service, LP, erroneously sued as Allied Universal Corporation (Allied), was liable for Villegas's negligence. After investigating complaints filed on behalf of two qualified U.S. citizens, IER determined that Carrillo Farm denied U.S. citizens employment in the summer of 2016 because it wanted to hire temporary foreign workers under the H-2A visa program. Social Security cards ) April 2014 he could not legally obtain resulted in the end of the,... Of Telephone Consumer Protection Act violations, and one of those could to! On a private lawsuit its hiring Practices after notice of IERs investigation agreed to settlement where pays... 100, inclusive, Defendants the department found that El Rancho 's discriminatory were! Could not legally obtain resulted in the end of the agreement resolves an allegation the. 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