Jon Betterton, as an individual and on behalf of all others similarly situated v. Accenture Flex LLC, and Does 1 through 50, inclusive
Published: Jan. 14, 2022 | Result Date: Dec. 16, 2021 | Filing Date: Jul. 29, 2020 |Case number: 20CV368771 Settlement – $1,500,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Mai Tulyathan
(Diversity Law Group PC)
Larry W. Lee
(Diversity Law Group PC)
William L. Marder
(Polaris Law Group LLP)
Defendant
Sophia B. Collins
(Littler Mendelson PC)
Anthony G. Ly
(Littler Mendelson PC)
Facts
Accenture Flex LLC is a leading global professional services company. It offers project-based work of a fixed, short-term, duration. Plaintiff Jon Betterton was an employee of Accenture Flex working as a content moderator from about September 2018 to November 2019. As a Content Moderator, Betterton was responsible for analyzing and reviewing user profiles, videos, and text-based content. Day-to-day responsibilities could include serving as an advocate for the user community; investigating and resolving issues regarding content that is reported for account support; flagging for action and resolving within agreed-upon turnaround times and standards of quality any issues; responding to user inquiries with high quality, speed, empathy, and accuracy; understanding and remaining up-to-date with client policies and guidelines; and resolving inquires requiring a level of resilience and maturity due to content. According to Accenture job ads, Accenture Flex employees receive competitive rewards, access to benefits programs and world-class learning resources. Betterton filed suit against Accenture. Throughout his employment, he was a non-exempt employee, paid hourly.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff Betterton contented that defendant Accenture Flex failed to include shift differentials in employees' regular rates of pay, including for purposes of cashing out sick leave.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
The court agreed to a tentative ruling for $1.5 million settlement with an average payment of $1212.40 for each class member. Class members will not be required to submit claims to receive their payments.
Other Information
A compliance hearing is set for October 20, 2022.
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