Of the Net Settlement Fund of approximately $86,000,000.00, forty percent, or approximately $34,400,000.00, will be allocated to the Equal Pay Act Class, and sixty percent, or approximately $51,600,000.00 will be allocated to the FEHA Claim Subclass.
First the Minimum Payments will be identified.
- Minimum payments will be allocated to each Class Member. All Class Members for whom Google’s records show a hire date on or after January 1, 2022, will be allocated a flat sum of $250.00 only.
- All Class Members for whom Google’s records show a hire date on or before December 31, 2021, will be allocated a minimum amount of $500.00, except that those Class Members who worked for Google for fewer than six months during the Class Period will be allocated a minimum amount of $250.00.
After the Minimum Payments have been identified, additional payments for each Class or Subclass Member for whom Google’s records show a hire date on or before December 31, 2021 are based on the following formulas:
Equal Pay Act Class: (a) a statistical model is used to estimate the alleged difference in total compensation that Plaintiffs contend female Class Members received compared to male employees in the same job code (controlling for attributes like tenure and location); (b) the percentage estimate is then used to estimate an alleged dollar shortfall amount for each Class Member for each year (or fraction of year) worked at Google in a Covered Position in California, based on the average pay of male employees in the Class Member’s job code; (c) interest at 10% per year and what are called “liquidated damages” (i.e., doubling of damages and interest) are added; and (d) there is an additional amount (15 days of wages, or 50% of the penalty claimed by Plaintiffs) added for Class Members who left Google before the end of the period covered by the data.
FEHA Claim Subclass: (a) a statistical model is used to estimate the average probability that a female employee was hired into a lower job level than a male employee hired into the same job family, accounting for prior education and a measure of employment experience; (b) a statistical model is used to estimate the percentage pay differences associated with each successive higher job level within each job family; (c) this percentage pay difference is applied to the average pay of male employees in each job family and level, to estimate the potential alleged underpayment Plaintiffs contend is a result of leveling; (d) based on each Class Member’s job family and job level, the estimated probability of being allegedly under-leveled and the estimated underpayment are multiplied to compute the average amount by which each Class Member was allegedly underpaid by being hired into a lower job level; (e) each Class Member is credited this alleged underpayment amount for each year or fraction of a year the Class Member worked at Google; and (f) interest at 10% per year is added to this amount. Participating FEHA Subclass Members will obtain settlement shares both as FEHA Subclass Members and EPA Claim Class Members.
Each Class Member’s total estimated settlement share is calculated as a percentage of the total alleged damages experienced by all Class Members as estimated by the Plaintiffs, and applied proportionally to the Net Settlement Fund (see Section 7 in the Notice). A full and complete explanation of how settlement shares are calculated can be found at Exhibit C to the Settlement Agreement available for review and download on the IMPORTANT DOCUMENTS page of this website.
In addition to the calculations above, the Settlement also allocates $1,000,000.00 for PAGA penalties, of which the State of California retains $562,500.00, with up to $250,000.00 paid in attorneys’ fees. The remainder, or approximately $187,500.00, will be distributed pro rata to “PAGA Group Members” which means all women employed by Google in a Covered Position in California at any time from June 14, 2021 through the date on which the Court grants preliminary approval of the Settlement, regardless of whether or not they have validly opted out of the certified class in this Action or whether or not they opt out of the Settlement. PAGA Group Members will receive a PAGA penalty payment regardless of whether they opt out of this Settlement.
Once this process is completed, the Settlement Administrator will issue checks, less applicable tax withholdings.