People: Camille A. Olson, Partner

Photo of Camille A. Olson, Partner

Camille A. Olson

Partner

San Francisco
Direct: (415) 397-2823
Fax: (415) 397-8549
Chicago
Direct: (312) 460-5831
Fax: (312) 460-7831
Los Angeles - Century City
Direct: (310) 201-9308
Fax: (310) 201-5219
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Camille A. Olson is a partner of Seyfarth Shaw LLP, Co-Chair of its National Complex Litigation Practice Group, and National Chairperson of its Complex Discrimination Litigation Practice Group. She serves on the firm’s National Labor and Employment Law Steering Committee and is the past National Chairperson of the Labor and Employment Practice Department. In November 2013, Ms. Olson was appointed Chairperson of the United States Chamber of Commerce’s Equal Employment Opportunity (“EEO”) Subcommittee. For nearly 30 years, she has represented companies nationwide in all areas of litigation, with emphasis on employment discrimination and harassment, wage and hour matters, and independent contractor status.

Ms. Olson’s trial experience includes lead defense trial counsel in “bet the company” harassment, discrimination, independent contractor, and wage and hour cases.  She has also served as outside counsel and independent counsel to Boards of Directors and Executive Team Members in connection with internal investigations and highly sensitive litigation matters.  She has litigated numerous discrimination cases through both successful summary judgment motions and favorable jury verdicts in the context of EEOC pattern and practice multi-plaintiff cases, reductions in force, individual terminations, and harassment allegations.

Ms. Olson’s track record of success in trial practice reflects her strategic and incisive approach to every phase of litigation. Through focused discovery and dispositive motion practice, she exerts pressure on the opposition at each stage, up to and including trial.  In numerous instances, Ms. Olson has achieved successful resolution for clients on the eve of trial -- and in a few cases during the trial -- through sophisticated and creative motion practice.  In the past five years, Ms. Olson has negotiated several confidential settlements in various stages of litigation on behalf of both high-profile executives and Fortune 100 companies in cases involving allegations of misconduct, systemic violations of regulatory or company policies, misappropriation of trade secrets, and severance issues as well as harassment and discrimination allegations.

Ms. Olson is the recipient of numerous accolades for her effective litigation style.  In June 2013, Ms. Olson was named one of the top 10 employment litigators in the country by Legal 500, which praised her ‘superb representation’ and named her ‘one of the best employment litigators in the US.’  Law360 recognized Ms. Olson as one of seven Employment Litigator MVPs in 2013 for her exemplary work on critical litigation. Since 2008, Ms. Olson has been named as one of the Nation’s Most Powerful Employment Attorneys by Human Resource Executive and LawDragon.  She has been voted one of the Top Ten Women Business Lawyers in Illinois, and in 2012 Ms. Olson was elected to The Fellows of the American Bar Foundation. Chambers USA consistently rates her at the highest level, and recently noted:  “Specializing in complex discrimination litigation, Camille Olson is ‘just terrific.’  Everything you hear about her is excellent and she handles the really cutting-edge stuff.” 

Ms. Olson’s celebrated track record as a litigator is testament to her ability to quickly gain command of highly complex and often unwieldy fact patterns.  In nearly three decades as a litigator, Ms. Olson has led hundreds of effective and efficient fact investigations within a litigation context.  As lead investigator, Ms. Olson knows how to keep the controlling issues in the crosshairs -- she delivers reliable, consistent results for her clients by leading highly talented and cross-functional teams in navigating vast repositories of information strategically, never losing sight of clearly articulated goals. 

Litigating for Victory - at Every Phase

Ms. Olson’s creativity and tenacity are the reasons that national companies rely on her to navigate no-win and high-stakes situations.  From early and aggressive attacks on the pleadings, such as Twombly/Iqbal challenges in discrimination cases, to a full battery of post-verdict strategies including Rule 12, 50, and 59 motions, Ms. Olson’s litigation approach is defined by sophistication and resourcefulness.

In a recent example, Ms. Olson and her team won a key discovery ruling in an collective discrimination action brought by the EEOC on behalf of over 90 claimants; the District Court’s decision required the Commission to produce all claimants for deposition, which neutralized common EEOC advantages in litigating collective enforcement actions.   The Commission’s ability to continue adding new claimants as cases progress, while citing reliance on representative testimony and expert discovery, often forces employers to defend against vague and broad claims that are essentially moving targets.  Through this motion to compel, Ms. Olson’s team struck a blow that should have widespread impact on employers’ ability to defend against EEOC-initiated litigation where Rule 23 safeguards are unavailable by upholding employers’ right to probe specific accusations of discrimination.

Other examples of Ms. Olson’s creative pathways to victory include:

In a sexual harassment pattern and practice case, brought by the EEOC on behalf of 101 employees against the Dial Corporation, Ms. Olson negotiated a settlement on the day of trial following a series of victories on critical motions in limine.

In a discrimination case against the CEO and executive team of Motorola, Ms. Olson led a Motion for Directed Verdict that resulted in a favorable settlement at the close of the plaintiff’s case.

Representing Aaron’s, Inc. in the Alford matter, Ms. Olson spearheaded the post-verdict strategy that secured a reversal of the largest-known single-plaintiff sexual harassment verdict in U.S. history. 

Policy-Oriented Perspective

Throughout the last decade, Ms. Olson has regularly appeared before the United States Senate, the United States House of Representatives, the EEOC, and the United States Department of Labor on her own behalf (as a recognized expert in various fields), and on behalf of the United States Chamber of Commerce and the Society for Human Resource Management.  In these capacities, she has provided the business perspective on proposed legislation to amend the following laws: the Americans with Disabilities Act, the Equal Pay Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the application of white collar exemptions to the Fair Labor Standards Act, the Internal Revenue Code, and the Fair Credit Reporting Act.  During the Bush Administration, Ms. Olson served as the Employer Spokesperson to the Department of Labor, advising Labor Secretary Elaine Chao on significant wage and hour issues.  Advocacy groups have called upon Ms. Olson time and again for amicus curiae representation in many landmark cases before the Circuit Courts of Appeals and the U.S. Supreme Court.  In 2012 and 2013, Ms. Olson testified before the U.S. Senate HELP Committee in connection with proposed amendments to Title VII.

Ms. Olson’s deep command of policy issues and sophisticated understanding of the legislative and enforcement processes are invaluable assets for her clients.  Her legal analysis encompasses unparalleled insight into legislative intent and history, which translates to nuanced interpretation and creative application of governing law. 

Media Expertise

Ms. Olson is a frequent speaker on a wide range of legal issues facing employers.  Since 2009, she has served as co-editor of the Guide to Employment Law Compliance, published by Thompson.  She has also published numerous articles and chapters on various labor issues, and is a regular speaker on complex litigation, discrimination, and non-employee worker matters nationally and internationally. Ms. Olson is frequently quoted and consulted as a legal expert in publications and news outlets such as: The New York Times, National Public Radio, The Daily Labor Report, The Chicago Tribune, Crains Chicago Business, The Wall Street Journal, Presstime, Editor & Publisher, HR Magazine,and HR Wire.

In high-profile situations with significant reputational risk, national companies rely on Ms. Olson’s dexterity in managing media issues.  Investor and market perceptions can often evolve into derivative shareholder suits and cause irreparable damage to valuable brands.  Ms. Olson’s decisive guidance in navigating these challenges and translating these often-nebulous risks into tangible analyses of her clients’ decision points makes her an invaluable advisor and crisis manager. 

Camille A. Olson is a partner of Seyfarth Shaw LLP, Co-Chair of its National Complex Litigation Practice Group, and National Chairperson of its Complex Discrimination Litigation Practice Group. She serves on the firm’s National Labor and Employment Law Steering Committee and is the past National Chairperson of the Labor and Employment Practice Department. In November 2013, Ms. Olson was appointed Chairperson of the United States Chamber of Commerce’s Equal Employment Opportunity (“EEO”) Subcommittee. For nearly 30 years, she has represented companies nationwide in all areas of litigation, with emphasis on employment discrimination and harassment, wage and hour matters, and independent contractor status.

Ms. Olson’s trial experience includes lead defense trial counsel in “bet the company” harassment, discrimination, independent contractor, and wage and hour cases.  She has also served as outside counsel and independent counsel to Boards of Directors and Executive Team Members in connection with internal investigations and highly sensitive litigation matters.  She has litigated numerous discrimination cases through both successful summary judgment motions and favorable jury verdicts in the context of EEOC pattern and practice multi-plaintiff cases, reductions in force, individual terminations, and harassment allegations.

Ms. Olson’s track record of success in trial practice reflects her strategic and incisive approach to every phase of litigation. Through focused discovery and dispositive motion practice, she exerts pressure on the opposition at each stage, up to and including trial.  In numerous instances, Ms. Olson has achieved successful resolution for clients on the eve of trial -- and in a few cases during the trial -- through sophisticated and creative motion practice.  In the past five years, Ms. Olson has negotiated several confidential settlements in various stages of litigation on behalf of both high-profile executives and Fortune 100 companies in cases involving allegations of misconduct, systemic violations of regulatory or company policies, misappropriation of trade secrets, and severance issues as well as harassment and discrimination allegations.

Ms. Olson is the recipient of numerous accolades for her effective litigation style.  In June 2013, Ms. Olson was named one of the top 10 employment litigators in the country by Legal 500, which praised her ‘superb representation’ and named her ‘one of the best employment litigators in the US.’  Law360 recognized Ms. Olson as one of seven Employment Litigator MVPs in 2013 for her exemplary work on critical litigation. Since 2008, Ms. Olson has been named as one of the Nation’s Most Powerful Employment Attorneys by Human Resource Executive and LawDragon.  She has been voted one of the Top Ten Women Business Lawyers in Illinois, and in 2012 Ms. Olson was elected to The Fellows of the American Bar Foundation. Chambers USA consistently rates her at the highest level, and recently noted:  “Specializing in complex discrimination litigation, Camille Olson is ‘just terrific.’  Everything you hear about her is excellent and she handles the really cutting-edge stuff.” 

Ms. Olson’s celebrated track record as a litigator is testament to her ability to quickly gain command of highly complex and often unwieldy fact patterns.  In nearly three decades as a litigator, Ms. Olson has led hundreds of effective and efficient fact investigations within a litigation context.  As lead investigator, Ms. Olson knows how to keep the controlling issues in the crosshairs -- she delivers reliable, consistent results for her clients by leading highly talented and cross-functional teams in navigating vast repositories of information strategically, never losing sight of clearly articulated goals. 

Litigating for Victory - at Every Phase

Ms. Olson’s creativity and tenacity are the reasons that national companies rely on her to navigate no-win and high-stakes situations.  From early and aggressive attacks on the pleadings, such as Twombly/Iqbal challenges in discrimination cases, to a full battery of post-verdict strategies including Rule 12, 50, and 59 motions, Ms. Olson’s litigation approach is defined by sophistication and resourcefulness.

In a recent example, Ms. Olson and her team won a key discovery ruling in an collective discrimination action brought by the EEOC on behalf of over 90 claimants; the District Court’s decision required the Commission to produce all claimants for deposition, which neutralized common EEOC advantages in litigating collective enforcement actions.   The Commission’s ability to continue adding new claimants as cases progress, while citing reliance on representative testimony and expert discovery, often forces employers to defend against vague and broad claims that are essentially moving targets.  Through this motion to compel, Ms. Olson’s team struck a blow that should have widespread impact on employers’ ability to defend against EEOC-initiated litigation where Rule 23 safeguards are unavailable by upholding employers’ right to probe specific accusations of discrimination.

Other examples of Ms. Olson’s creative pathways to victory include:

In a sexual harassment pattern and practice case, brought by the EEOC on behalf of 101 employees against the Dial Corporation, Ms. Olson negotiated a settlement on the day of trial following a series of victories on critical motions in limine.

In a discrimination case against the CEO and executive team of Motorola, Ms. Olson led a Motion for Directed Verdict that resulted in a favorable settlement at the close of the plaintiff’s case.

Representing Aaron’s, Inc. in the Alford matter, Ms. Olson spearheaded the post-verdict strategy that secured a reversal of the largest-known single-plaintiff sexual harassment verdict in U.S. history. 

Policy-Oriented Perspective

Throughout the last decade, Ms. Olson has regularly appeared before the United States Senate, the United States House of Representatives, the EEOC, and the United States Department of Labor on her own behalf (as a recognized expert in various fields), and on behalf of the United States Chamber of Commerce and the Society for Human Resource Management.  In these capacities, she has provided the business perspective on proposed legislation to amend the following laws: the Americans with Disabilities Act, the Equal Pay Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the application of white collar exemptions to the Fair Labor Standards Act, the Internal Revenue Code, and the Fair Credit Reporting Act.  During the Bush Administration, Ms. Olson served as the Employer Spokesperson to the Department of Labor, advising Labor Secretary Elaine Chao on significant wage and hour issues.  Advocacy groups have called upon Ms. Olson time and again for amicus curiae representation in many landmark cases before the Circuit Courts of Appeals and the U.S. Supreme Court.  In 2012 and 2013, Ms. Olson testified before the U.S. Senate HELP Committee in connection with proposed amendments to Title VII.

Ms. Olson’s deep command of policy issues and sophisticated understanding of the legislative and enforcement processes are invaluable assets for her clients.  Her legal analysis encompasses unparalleled insight into legislative intent and history, which translates to nuanced interpretation and creative application of governing law. 

Media Expertise

Ms. Olson is a frequent speaker on a wide range of legal issues facing employers.  Since 2009, she has served as co-editor of the Guide to Employment Law Compliance, published by Thompson.  She has also published numerous articles and chapters on various labor issues, and is a regular speaker on complex litigation, discrimination, and non-employee worker matters nationally and internationally. Ms. Olson is frequently quoted and consulted as a legal expert in publications and news outlets such as: The New York Times, National Public Radio, The Daily Labor Report, The Chicago Tribune, Crains Chicago Business, The Wall Street Journal, Presstime, Editor & Publisher, HR Magazine,and HR Wire.

In high-profile situations with significant reputational risk, national companies rely on Ms. Olson’s dexterity in managing media issues.  Investor and market perceptions can often evolve into derivative shareholder suits and cause irreparable damage to valuable brands.  Ms. Olson’s decisive guidance in navigating these challenges and translating these often-nebulous risks into tangible analyses of her clients’ decision points makes her an invaluable advisor and crisis manager. 

Education

  • J.D., University of Michigan Law School (1983)
  • B.A., University of Michigan (1980)
    Recipient of Highest Honors Award, and Eita Krom Scholar in 1980 For Published Honors Thesis, later republished as, “Effort and Reward: The Assumption that College Grades are Affected by Quantity of Study,” Social Forces, June 1985, Volume 63, Number 4, p. 945-967.

Admissions

  • California
  • Illinois

Courts

  • United States Supreme Court
  • U.S. Court of Appeals for the Fifth, Seventh, Eighth, Ninth and District of Columbia Circuits
  • U.S. District Courts for the Central, Eastern and Northern Districts of California
  • U.S. District Courts for the Northern and Central Districts of Illinois

Affiliations

  • University of Michigan Law School (Member, Development & Alumni Relations Committee; Chair, Capital Campaign Chair (2013); Chair, Class of 1983 30-Year Reunion Committee (2013)
  • American Bar Association (Labor and Employment Law Section)
  • Chicago Bar Association
  • The University Club of Chicago (Past President and Chairperson of its Board of Directors; Member, Board of Directors’ Long Range Planning Committee and Chairperson of Capital Campaign)
  • The University Club of Chicago Foundation (Member, Board of Directors)
  • The Women’s Board of United Cerebral Palsy (Board of Directors)
  • Society for Human Resource Management (Frequent Speaker and Representative before EEOC and other federal regulatory agencies with respect to issues of importance to Human Resource Executives)
  • United States Chamber of Commerce (Chair, Equal Employment Opportunity Subcommittee, Member, Labor and Employment Policy Committee; Member of Subcommittee on Employment Non-Discrimination and FLSA Issues)
  • Inland Press Association (Member of Board of Directors (2001-2008); Chairperson of Human Resource Committee and Faculty Member of Circulation Academy (2001-present)
  • Newspaper Association of America (Member, Taxation Committee; Member, Human Resource Committee)
  • Part-Time Faculty Member at Loyola Law School

Representative Engagements

  • Hewlett-Packard v. Oracle Corporation, 11CV203163 (Cal. Super. Ct., Santa Clara County) (commercial litigation involving breach of contract claims of several billion dollars; joined Gibson Dunn & Crutcher as trial counsel with Latham & Watkins and David Boies as opposing trial counsel for Oracle)
  • EEOC v. DHL Express, Inc., 10 CV 6139  (N.D. Ill.) (EEOC alleged pattern and practice of race discrimination and harassment on behalf of more than 90 African-American courier claimants)
  • Caldwell v. Continental Casualty Company, et al., No. 12 CV 00364 (C.D. Cal.) (alleged class of claims adjusters alleged failure to pay overtime, meal periods, rest breaks and wage statements premised on improper timekeeping practices; resolved through favorable settlement on individual basis)
  • Welch v. KND Development 55 LLC (Kindred Healthcare),  12-CV-01073 (C.D. Cal.) (California class action brought by alleged class of clinical liaisons alleging misclassification as exempt employees under outside-sales and administrative exemptions; resolved through favorable settlement on non-class basis)
  • Bello v. Procter & Gamble Distributing LLC, No. 30 2012 00551702 CU (Cal. Super. Ct., Orange County filed Mar. 6, 2012) (California class action brought by class of merchandisers alleging unpaid wages, failure to provide meal and rest periods, failure to pay overtime, unreimbursed business expenses and unfair business practices; favorable settlement reached on non-class basis)
  • McGirr v. Continental Casualty Company, et al., Nos. 12 CV 03482 (N.D. Ill) and 11 L 4206 (Circuit Court of Cook County) (summary judgment granted on all counts in wrongful termination suit including claims of defamation, negligent infliction of emotional distress, and tortious interference brought by high-ranking executive)
  • Boothe v. Aaron’s, Inc. and Clayton Lingelbach, No. 8732 (Chancery Court  McNairy County, Tennessee). (single-plaintiff sexual harassment, hostile work environment, sex discrimination, race discrimination and retaliation case; took over case just weeks before trial, utilized an aggressive and sophisticated eDiscovery strategy; favorable settlement achieved after mediation)
  • Alford v. Aaron Rents, Inc., No. 08 CV 00683 (S.D. Ill.). (defendant retained Seyfarth to handle the appeal of a single-plaintiff sexual harassment case that resulted in the largest-known single-plaintiff verdict in United States history; the Court vacated the initial verdict, plaintiff agreed to a non-confidential settlement on terms proposed by Seyfarth that reduced the verdict by 94 percent)
  • Hewlett-Packard Co. v. Hurd, et al. In 2010, Ms. Olson was retained by Hewlett-Packard to oversee affirmative litigation involving allegations against the company CEO.  She also represented HP in litigation challenging the CEO's acceptance of a position as co-president of a competitor, Oracle. A favorable settlement was achieved immediately after initiating the affirmative litigation against the former CEO in Palo Alto, California.
  • Ruffin and Baker, et al. v. Exel Direct, Inc., No. 09 CV 1735 (N.D. Ill. September 2011).(summary judgment granted in alleged multi-count class action challenging defendant’s business model of independent contractor distributors who fulfill customer delivery orders)
  • Ellis and Price, et al. v. DHL Express, Inc. (USA) and Deutsche Post World Net, No. 08 CV 06541 (N.D. Ill.) and Appeal No. 09-3596 (7th Cir. January 2011). (summary judgment granted in a Worker Adjustment and Retraining Notification (WARN) purported class action filed by drivers, won lower and appellate court victories on behalf of DHL as it completed its withdrawal from the U.S. market and significantly reduced its workforce)
  • Wal-Mart Stores, Inc. v. Dukes et al., (131 S. Ct. 2541 (2011)) (provided representation of the Society for Human Resource Management and HR Policy Association as amici curiae in U.S. Supreme Court on class certification)
  • Helen M. Carter v. Hewlett-Packard Company, No. (D.C. Id. May 2010) (alleged worldwide class of women and older executives and directors allege age and sex discrimination in all aspects of employment)
  • Metty v. The Motorola Company, No. 05-CV- 9989 (D.C. Ill March, 2007) (multiple claims brought in two week jury trial against the Executive Team and CEO of Motorola resolved immediately following Defendant’s Motion for Directed Verdict in Chicago, Illinois)
  • Stephen G. Lingis et al. v. Motorola Inc., No. 03-5044 (N.D. Ill. June 2009) (summary judgment granted in ERISA class action on basis that the company was shielded from liability by plan participants under the safe harbor provision of ERISA)
  • EEOC v. The Dial Corp., No. 02-CV-10109 (D.C. Iowa August, 2004) (EEOC pattern and practice multi-plaintiff disparate treatment and impact case brought challenging the use of a pre-employment testing device; favorable result following 2 week jury trial in Des Moines, Iowa)
  • EEOC v. The Dial Corp., No. 99 C 3356 (N.D. Ill.) (EEOC alleged a pattern and practice of sexual harassment and sought relief on behalf of 101 employees to be tried before a jury in Chicago Illinois; case resolved on the day of trial.)
  • Abbe, et al. v. Daewoo Motor America, Inc., Daewoo Motor Corp. Ltd., Daewoo Corporation (No. 99-09776 GAFCSHX M. D. Fl. 2000) (plaintiffs on behalf of themselves and approximately 6,000 commissioned sales representatives alleged in Florida that the company inappropriately classified them as independent contractors, engaged in retaliatory discharge practices, and violated the FLSA by failing to pay them minimum wages and overtime; district court denied plaintiffs’ motion to proceed as a class on the basis of defendants’ position that the plaintiffs’ status as independent contractor/employee is not conducive to class litigation.)  NOTE:  Plaintiffs also filed numerous other separate class actions in California raising other legal issues, as well as IRS Form SS-8 Requests for Worker Classification Determinations that were handled by Seyfarth attorneys.
  • Adkins v. Mid America Growers, 167 F.3d 355 (7th Cir. 1999) (representative action by 200 farm workers for overtime and minimum wages; case dismissed following remand.)
  • Gibbs, et. al v. Daily Southtown Inc. and Pulitzer Community Newspapers, Inc. (No. 96 CH 1884 Circuit Court of Cook County, Chancery Division, 1st District 1997) (plaintiffs, on behalf of themselves, and an alleged class of distributors, alleged they were treated as employees not independent contractors, and that as a result, the company unlawfully deducted monies from their wages in violation of the Illinois Wage Payment and Collection Act, violated their individual employment agreements, improperly issued them IRS Form 1099s, and were deprived of other employee benefits.  On eve of pending motion in opposition to class certification, named plaintiffs settled for nominal amount.)
  • Budd, et al. v. Freedom Communications, Inc. (No. 96-D-238 D. Col.) (plaintiffs, on behalf of themselves and 700 other non-employee workers brought seven claims against defendant in Colorado, including antitrust law violations under the Sherman Antitrust Act, tortious interference with contract claims, breach of contracts, violation of state minimum wage and wage collection act laws, Labor Peace Act, fraudulent and negligent misrepresentations of workers’ alleged non-employee status to deprive them of various employee benefits, and breach of fiduciary duty. Class certification denied on the basis that the determination of the employment/independent contractor status of the plaintiffs was central to the complaint, and plaintiffs did not establish that their proposed class met the commonality, typicality, and adequacy of representation requirements of Rule 23(a).)
  • Cherry v. AT&T, 47 F.3d 225 (7th Cir. 1995) (affirming grant of summary judgment in employer’s favor on glass ceiling promotion claim brought by high-ranking executive.)
  • Coon Rapids Lincoln Mercury v. The Star Tribune Company, District Court of Hennepin County, Minnesota (national class action alleging consumer fraud and breach of contract claims) (case resolved while defendants’ motion for summary judgment was pending.)
  • Gustovich, et al. v. AT&T Communications, Inc., 972 F.2d 845 (7th Cir. 1992) (summary judgment decision affirmed by Seventh Circuit applying ADEA standards in workforce reduction context to employees evaluated and rank ordered according to skills and needs of business.)
  • Bullock v. AT&T Communications, Inc., 50 Fair Emp. Prac. Cas. (BNA) 407 (N.D. Ill. 1989) (summary judgment decision under ADEA and state law involving claims of high level EEO executive that company’s work force reduction programs discriminated against him personally and against others.)
  • Smith v. White Farm Equipment Company, A Division of Allied Products (N.D. Ohio 1989) (jury verdict for employer on ADEA claims of manager in reduction in force case.)
  • Smith v. Contra Costa Newspapers, Inc. (Knight Ridder), (Contra Costa County Superior Court) (certified class action of over 8,000 non-employee workers alleging antitrust violations, breach of contract, unfair business practices, and lost earnings.  On eve of pending motion in opposition to class certification, the case was resolved.)