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But if more than 5 percent of the covered workers opt out, Uber reserves the right to withdraw from the settlement. An attorney who represents companies in employment disputes said he expects the settlement will raise concerns when it’s reviewed by U.S. District Judge Yvonne Rogers Gonzalez in Oakland, California. “It’s entirely possible the court may reject this,” said Jim Evans, of Alston & Bird in Los Angeles, who isn’t involved in the case. The judge may find the accord is too broad and the amount of money too small, he said. “It just depends on the court’s perception of fairness. It will depend on the judge’s interpretation of how many people are affected by this class settlement.” drivers have been faulted by judges as inadequate, forcing the company back to the drawing board to re-negotiate or continue litigating with the attorneys who brought the class actions. In January, Uber finally satisfied a Los Angeles judge who had twice withheld approval of a deal over the company’s contractor-based business model. The state judge finally signed off on the agreement, in which Uber said it would pay $7.75 million, offering 1.6 million California drivers an average of $1.08 each. Like the drivers’ case in Los Angeles, Sagafi’s complaint was brought under a California law that gives employees the right to step into the shoes of the state labor secretary to bring enforcement actions over labor code violations.
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