1324b(a)(6). Transamerica Life Insurance Co. has agreed to settle a class-action lawsuit filed by policyholders who alleged it improperly increased monthly charges on their universal life insurance policies. In addition to injunctive, reporting and monitoring requirements, the settlement requires Scott Insurance to make $70,000 available for a back pay fund, and pay $9,500 in civil penalties. Priority Construction, Inc. (Citizenship Status) October 2021. Settlement Press Release Settlement Agreement, Spike, Inc. (Citizenship Status) March 2021. The settlement agreement requires that Mr. Ks pay back pay to the charging party for lost wages and a civil penalty to the United States. Learn more about a Bloomberg Law subscription, Log in to access all of your BLAW products, Four employees accept companies offers of judgment, Suits proposed class claims dismissed without prejudice. Additionally, the Divisions investigation concluded that the company had a pattern or practice of requiring more or additional documents than are legally required to establish work eligibility from work-authorized non-citizens. Among the terms of the agreement, SKP will pay the charging party over $68,000 in front pay and back pay, receive IER training, and modify its policies as necessary. Mrs. Fields' Original Cookies, Inc. (Unfair Documentary Practies) December 2018. Class-action suits against raising insurance rates are nothing new and can be traced back to the early 1990s at least, if not earlier. Under the agreement, Potter Concrete will pay $115,100 in civil penalties to the United States, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for one year. After investigating, IER determined that Triple H did not consider certain U.S. citizens for employment as landscapers in 2017 because it preferred to hire temporary foreign H-2B visa workers. WesPak Inc. (Unfair Documentary Practices) May 2019. On December 18, 2017, the Division signed a settlement with Crop Production Services, Inc.resolving the Divisions suit alleging that the company discriminated against at least three United States citizens by declining to employ them as seasonal technicians in the companys El Campo, Texas location based on a preference for temporary foreign workers under the H-2A visa program. Under the terms of the settlement, Mortons agreed to provide back pay in the amounts of $2,880 and $5,715.62 to two employees, pay a $2,200 civil penalty to the U.S. Treasury, and train Mortons Portland employees on federal protections for workers against citizenship status and national origin discrimination. Arnold & Porter Kaye Scholer, LLP and Law Resources, Inc. (Citizenship Status and Retaliation) July 2020. The Department concluded that the companys unlawful practice of restricting job vacancies to U.S. citizens and in some cases, to U.S. citizens and lawful permanent residents, was based on a misinterpretation of the requirements under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). On November 24, 2020, IER signed a settlement agreement with Security USA, LLC (Security) resolving claims by a Charging Party (CP) that the company made unnecessary and excessive document demands in violation of 8 U.S.C. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. Ichiba Ramen (National Origin) February 2018. Maged Hakeem Action The Motion to Stay seeks to stay this action pending the outcome of settlement proceedings in the consolidated lawsuit Maged Hakeem, et al. OnDecember 10, 2018, the Division signed a settlement agreement with Walmart Inc. resolving a charge-based and related independent investigation into Walmarts employment eligibility verification practices in Fort Worth, Texas. The investigation and settlement only address actions by McDonalds corporate-owned restaurants, not its franchises. 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. A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. The settlement also requires Microsoft to be subject to departmental monitoring and reporting requirements. As part of the settlement agreement, Best Packing will pay $4,379 in back pay to the Charging Parties and undergo mandatory training regarding proper employment eligibility verification procedures. El Expreso Bus Company (Citizenship Status) May 2019. The Division's investigation established that the Office of the Sheriff improperly restricted law enforcement positions to U.S. citizens notwithstanding the fact that no law, regulation, executive order or government contract authorized it to restrict employment in this manner. OSC found that the companys request for the Green Card and suspension of the Charging Party constituted unlawful Unfair Documentary Practices in violation of 8 U.S.C. On March 16, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Indrescom Security Technology Inc., resolving an allegation that the company discriminated against a work-authorized individual during the Employment Eligibility Verification Form I-9 process. The company immediately rehired the worker and gave him back pay in addition to compensatory damages when it learned of IERs investigation. 1324b(a)(6). The investigation stemmed from a charge filed by a naturalized U.S. citizen who received a tentative nonconfirmation (TNC) in E-Verify, but ComForcare failed to provide the Charging Party with written notice of her TNC but instead, demanded that she produce a specific List A document (i.e., an "alien card"). Settlement Press Release Settlement Agreement, Denver Sheriffs Department (Citizenship Status) November 2016. Monitoring/reporting period expires July 9, 2018. The Office of the Sheriff had already addressed an identified victim's back pay claims through an earlier agreement based on a private lawsuit. Under the terms of the agreement, Omnibus Express will establish a $208,000 back pay fund to compensate victims, pay $37,800 in civil penalties to the United States, and be subject to departmental monitoring of its hiring and recruiting practices for a period of two years. Select Staffing (Unfair Documentary Practices) August 2014. In addition, Facebook will be required to conduct more expansive advertising and recruitment for its job opportunities for all PERM positions, accept electronic resumes or applications from all applicants, and take other steps to ensure that its recruitment practices for PERM positions closely resemble its standard recruitment practices. Under the terms of the settlement agreement, Indrescom agrees to pay $7,000 in back pay to the charging party, train its human resources personnel about employers' responsibilities to avoid discrimination in the employment eligibility verification process, and to be subject to reporting and compliance monitoring requirements for three years. Among other provisions, the settlement agreement requires Panda Express to pay $400,000 in civil penalties, undergo IER training on the anti-discrimination provision of the INA, and pay up to $200,000 in back pay to workers affected by the practice. Brand agreed to pay $43,560 in civil penalties and $7,200 in back pay to an identified victim. Specifically, IERs investigation found that the IT consulting company asked the Charging Party to produce more documents to assess his employment eligibility after he had already provided sufficient documentation, based on his citizenship status. On November 21, 2016, the Division signed a settlement agreement resolving its investigation of Denver Sheriff Department. I n its lawsuit, the SEC has asked that all defendants, including Marcus, "disgorge their ill-gotten gains, plus pre-judgment interest." SEC Compl. On August 5, 2019, the Division signed a settlement agreement with R.E.E. The Division filed a complaint in 2014 alleging that LCC utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. Macys Retail (Unfair Documentary Practices) June 2013. v. Universal Protection Service, LP dba Allied Universal Security Services, Case No. Under the settlement agreement, Crop Production Services paid a civil penalty of $10,500, agreed that staff involved in the hiring process for the El Campo location would participate in Division-provided training on the antidiscrimination provision of the Immigration and Naturalization Act (INA), committed to review and revise its hiring policies, and acknowledged that it would be subject to Division monitoring and reporting requirements for up to two years. In addition, Catholic Healthcare West will (1) complete a comprehensive, internal audit of all of its facilities to uncover other instances of Unfair Documentary Practices, (2) train its recruitment personnel on their responsibilities not to discriminate, (3) promulgate and implement a policy prohibiting discrimination under the anti-discrimination provisions of the Immigration and Nationality Act, and (4) provide reports to the Department of Justice for three years. pay $2,500 in civil penalties to the United States, train its relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting requirements for two years. IERs investigation revealed that West Liberty Foods had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. SMSC will also pay the worker whose discrimination complaint prompted the investigation $7,907.81 in back pay. You may be eligible to submit a claim, even if you do not have proof of purchase. The agreement requires Walter J. Willoughby Jr., MD., Ltd to pay $42,500 to the affected worker and a civil penalty to the United States. Diversified Maintenance Systems, LLC (Retaliation) September 2012. Catholic Healthcare West (Unfair Documentary Practices) October 2010. The settlement followed a trial wherein the Justice Department's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) prevailed. Houston Community College (Unfair Documentary Practices) January 2013. 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. Temple Beth El (Unfair Documentary Practices) June 2022. The advertisements thus unlawfully excluded asylees, refugees, lawful permanent residents and U.S. citizens and nationals. Many of the employers also posted unlawful and discriminatory advertisements on other college job recruitment platforms. 1324b and how to contact OSC, and be subject to departmental monitoring of its hiring and recruiting practices for a period of three years. As part of the settlement agreement, AAP will pay $22,000 in civil penalties to the government. 1324b(a)(1). Mar-Jac Poultry, Inc. (Unfair Documentary Practices) October 2018. Macy's West Stores, Inc. (Citizenship Status and Unfair Documentary Practices) June 2016. 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). Provisional Staffing Solutions (Unfair Documentary Practices) May 2017. 1324b. The Divisions independent investigation revealed that Setpoint failed to consider non-citizen applicants for any professional positions at the company due to its misunderstanding of the restrictions imposed by the International Traffic in Arms Regulations (ITAR), and published at least two job advertisements with language restricting applicants to U.S. citizens only. Under the agreement Patriot Staffing & Services, LLC will pay the Charging Party a sum of $2500.00 in back pay to compensate her for the economic damages suffered, $500 in civil penalties to the United States, and ensure all human resource personnel involved in hiring and employment eligibility verification participate in an OSC provided training webinar. On October 11, 2017, the Division reached a settlement agreement with InMotion Software, LLC, a Texas-based software development recruiter, resolving an investigation into whether the company retaliated against a work-authorized individual because a worker asserted her rights under 8 U.S.C. The settlement agreements provided for various remedies, including back pay, training, monitoring, and civil penalties - including the highest civil penalty to date of $290,400. On December 9, 2015, an OSC attorney gave a webinar presentation to the two co-owners pursuant to a court Order. Selection of Pending Cases. 1324b(a)(6). Huber unlawfully preferred to hire visa holders and subjected the lawful permanent residents to different selection standards and increased scrutiny. OSCs investigation found that North American Shipbuilding barred an employee from company premises because the employee filed a charge with OSC, in violation of the anti-retaliation provision of 8 U.S.C. 1324b(a)(6). Among the terms of the settlement agreement, AETS agreed to pay $10,000 in back pay and compensatory damages, and to participate in training on both the anti-discrimination provision and Title VII. Under the agreement, Valley Crest agreed, among other things, to modify its recruitment and hiring policy to eliminate any preference for foreign workers, and to pay $11,173 in back pay to a U.S. citizen who applied but was not hired for a job subsequently filled by a H-2B visa holder. Afni, Inc. (Unfair Documentary Practices) December 2018. The settlement also resolves claims that SMSC discriminated against non-U.S. citizens by restricting security officer positions in Georgia to U.S. citizens without a legal basis. Levy Restaurants (Unfair Documentary Practices) February 2017. Under the settlement agreement, the company will pay a civil penalty of $220,000 to the United States. 1324b(a)(1)(B). The Division's investigation concluded that Paramount Staffing's Hanover Park, Illinois location routinely requested specific DHS-issued documentation from lawful permanent residents for the employment eligibility verification processes (Form I-9 and E-Verify) while not making similar demands of U.S. citizens. The investigations also revealed that in 2017, a Walmart HR employee had a practice of requesting specific List A documents from certain non-U.S. citizen employees. Aquatico Pool Management (Citizenship Status, Unfair Documentary Practices) June 2010. No proof of purchase is required. The Charging Party was in fact a U.S. citizen and Permanent Resident cards are not issued to U.S. citizens. Best Packing Services Employment Agency, Inc. (Unfair Documentary Practices) August 2012. 1324b(a)(1) and (a)(6). On December 12, 2022, IER secured a settlement with Secureapp Technologies, LLC (Secureapp) to resolve IERs reasonable cause finding that the company engaged in a pattern or practice of hiring discrimination based on citizenship status, in violation of 8 U.S.C 1324b(a)(1)(B). The settlement agreement requires Allied Universal to, among other things, pay $194,000 in civil penalties, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and undergo department monitoring for a two-year period. The site explains that potential Class Members include any hourly security guard employee of Universal Protection Service (Allied Universal Security Services) who worked for the company on or after April 17, 2017. Omnicare Health (Citizenship Status) January 2018. 1324b. The company reinstated the suspended employee and paid him lost wages at the start of OSCs investigation. Holding Co., Inc. (Citizenship Status) January 2017. IERs investigation concluded that from at least January 1, 2018 through June 27, 2019, Security had routinely: (1) requested specific documents during the onboarding process from the Lawful Permanent Residents, (2) requested more or different documentation from such Lawful Permanent Residents despite their having already provided sufficient documentation to prove their employment eligibility, and (3) requested new Permanent Resident Cards from Lawful Permanent Residents upon the expiration dates of their previous Permanent Resident Cards. Attorneys. The court also found that, in some cases, foreign-born individuals were prevented from working for the company even though they had sufficient proof of their work authorization. Settlement Website: Allied Universal Security Services Collective Action Website Claims Administrator: Phoenix Class Action Administration Solutions Claims Administrator Contact Information: Phoenix Class Action Administration Solutions PO Box 7408 Orange, CA, 92863 (713) 621-2686 Secure .gov websites use HTTPS Citizenship and Immigration Services (USCIS), found that SK Food Group required work-authorized non-U.S. citizens to produce specific documents during the employment eligibility verification process, including the E-Verify process. The 2021 Department of Health and Human Services' Poverty Guidelines for a family of one is $12, 880.00; and for a family of two it is $17, 420.00. A $181 million settlement is pending in the Broiler Chicken Antitrust Litigation, a class-action lawsuit that alleges price-fixing within the poultry industry . The lawsuit was filed in 2015 by Daniel Shak, the hedge fund operator and high-stakes poker player, and two metals traders, Mark Grumet and Thomas Wacker. The Divisions investigation found that from at least March 2014 until at least September 2015, Eastridge had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes, but did not make those requests of U.S. citizens. 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. On July 23, 2020, IER signed a settlement agreement with Arnold & Porter Kaye Scholer LLP (Arnold & Porter), a national law firm, and Law Resources, Inc. (Law Resources), a Washington, D.C.-based legal staffing company resolving claims that Law Resources, at Arnold & Porters direction, imposed unauthorized citizenship status restrictions. The Division had previously filed a lawsuit in May 2019 alleging that from at least April 4, 2017 to at least July 7, 2017, the company (while operating as TransPerfect Staffing), had implemented a client directive restricting its recruitment and hiring of attorneys for a document review project to U.S. citizens only, and later, to U.S. citizens without dual citizenship. 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. Additionally, the Department will train Imagine Schools employees on the anti-discrimination provision of the Immigration and Nationality Act, and will monitor the company for eighteen months. Mr. K's Used Books & CDs, Inc. (Unfair Documentary Practices) February 2019. 2. Settlement Press Release Settlement Agreement. Under the agreement, Ascension will pay a civil penalty of $84,832 to the United States, revise its policies and procedures, train relevant employees and agents on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements three-year term. Class action lawsuits are appropriate when the damages claimed by each plaintiffthe person who's alleging wrongdoing . There were allegations that Sernak hired three foreign national workers under the H2-A visa program without considering hiring three of the eight U.S. citizens because of the belief that H2-A visa holders are more diligent than U.S. workers. 1324b, and to ensure that relevant human resources officials participated in specialized OSC-approved or provided training on the anti-discrimination provision of the INA. The settlement requires Temple Beth El to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty. Under the settlement agreement, Tyson Foods agreed to conform its employment eligibility verification process to the requirements of 8 U.S.C. As part of the settlement agreement, the company will pay $14,500 in back pay to an identified victim, $3,200 in civil penalties, and receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA). In addition, Respondents will jointly pay a $30,000 civil penalty to the United States; create an $115,000 back pay compensation fund to compensate economic victims; ensure that relevant human resources personnel participate in Division-provided training; and be subject to Division monitoring for a three-year period. On February 4, the Division signed a settlement agreement with Sunlight Inc. d/b/a Beauty Smart in Raleigh, North Carolina, resolving a charge by a Charging Party of national origin discrimination during the Form I-9 process. Under the agreement, Eastridge will, among other terms, pay $175,000 in civil penalties to the United States and submit to training and compliance monitoring. 1324b(a)(6) and hiring discrimination in violation of 8 U.S.C. Complaint Press Release Complaint, Farmland Foods, Inc. (Unfair Documentary Practices) June 2011. On May 17, 2021, the Division signed a settlement agreement with Aerojet Rocketdyne, Inc. (Aerojet), a to resolve a charge-based investigation into whether the company engaged in citizenship or immigration status discrimination in violation of 8 U.S.C. Paragon Building Maintenance, Inc. and Pegasus Building Services Company, Inc. (Unfair Documentary Practices) March 2017. 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 . Under the terms of the settlement agreement, Powerstaffing is required to pay $153,000 in civil penalties, be subject to department monitoring and to review of its hiring policies. AllianceIT (Citizenship Status) August 2020. On June 25, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Abercrombie & Fitch Inc. Postal Express, Inc. (Unfair Documentary Practices) October 2015. Kmart (Citizenship Status, Unfair Documentary Practices) March 2006. 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 requires Amiga to pay $24,864 in civil penalties, undergo training, and be subject to monitoring. Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015. DIRECTV LLC: Federal Judge Dismisses TCPA Class Action Lawsuit DISCOVER FINANCIAL: Bid to Compel Arbitration in B&R Suit Pending DROPBOX INC: Settlement . In addition, two advertisements sought only applicants with Optional Practical Training status, a temporary work authorization status given to certain non-U.S. citizen students in the United States. The charge alleged that the company, prior to hire, rejected documents establishing the Charging Partys employment eligibility that it routinely accepted from U.S. citizens. Settlement Press Release Settlement Agreeement, Setpoint Systems, Inc. (Citizenship Status) June 2018. The agreement requires Themesoft, Inc. to pay a civil penalty of $4,543.25 to the United States, abide by its agreement to pay the asylee $12,000 in back pay, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting. On January 31, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Houston Community College to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. 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. Under the terms of the expected settlement agreement, Constructor Services will pay $18,000 in civil penalties to the United States and be subject to monitoring of its hiring practices by the Division for a period of two years. On January 23, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with SD Staffing LLC (SD Staffing), aka Atwork Personnel Services Inc., a company based in Methuen, Mass., resolving claims that the staffing company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act (INA). 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. On April 26, 2011, the Department of Justice issued a press release announcing a settlement agreement with Restwend LLC, the corporate owner of several Wendy's restaurants in Maine, resolving allegations that it had a policy of refusing to hire non-U.S. citizens. Under the terms of the settlement, Washington Potato is required to pay $100,000 in civil penalties to the United States, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. The Open to Claims page lists open class-action suits and the deadlines you have to reach out to lawyers and law groups to get a check as part of the suit. 1324b. Hoover paid $10,200 in civil penalties and will train its HR personnel on their nondiscrimination responsibilities in the I-9 process. R.E.E., Inc. d/b/a McDonald's (Unfair Documentary Practices and Citizenship Status) August 2019. Rose Acre Farms, Inc. (Unfair Documentary Practices) June 2012. A .gov website belongs to an official government organization in the United States. 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