FREQUENTLY ASKED QUESTIONS
A proposed settlement (the “Settlement”) has been reached between plaintiff Ana Cantu and defendant Google LLC, in the class action pending in the Court.
The Court has preliminarily approved the Settlement and conditionally certified the Class for purposes of the Settlement only. You have received the notice because Google’s records indicate that you are a member of the Class. The Notice is designed to inform you of the terms of the Settlement and how you can object to the Settlement, opt out of the Settlement, or provide corrected information to the Settlement Administrator. Unless you opt out of the Settlement, the Settlement if finally approved by the Court will be binding upon you.
This Settlement arises from a lawsuit, ANA CANTU, an individual, Plaintiff, vs. GOOGLE LLC, LISA NICOLE CHEN, AND DOES 1 THROUGH 25, INCLUSIVE, Defendants, Case No. 21CV392049 (the “Action”), in which the Plaintiff alleges that Google paid Class Members less than Google’s White and Asian employees for performing substantially similar work.
Google denies that it engaged in any unlawful activity, failed to comply with the law in any respect, or has any liability to anyone under the claims.
After good-faith negotiations, Plaintiff and Google agreed to settle the Action pursuant to the terms and conditions of the Settlement.
The Settlement represents a compromise and settlement of highly disputed claims. Nothing in the Settlement is intended or will be construed as an admission by Google that Plaintiff’s claims in the Action have merit or that it has any liability to Plaintiff or the proposed Class on those claims. On the contrary, Google denies any and all such liability, and maintains that it complied with all applicable laws.
The parties and their counsel have concluded that the Settlement is advantageous, considering the risks and uncertainties to each side of continued litigation. The parties and their counsel have determined that the Settlement is fair, reasonable, and adequate and is in the best interests of the members of the Class.
SUMMARY OF THE SETTLEMENT
You are included in the Settlement if you fall within the following definition of “Class Member”:
All current and former employees who self-identified to Google as Hispanic, Latinx, Indigenous, Native American, American Indian, Native Hawaiian, Pacific Islander, and/or Alaska Native employees, but not employees who also self-identified as Black, who worked for Google in California from February 15, 2018, until December 31, 2024 (the “Class Period”).
Class Members who fall within the following definition are also “PAGA Settlement Group Members”:
All current and former employees who self-identified to Google as Hispanic, Latinx, Indigenous, Native American, American Indian, Native Hawaiian, Pacific Islander, and/or Alaska Native employees, but not employees who also self-identified as Black who worked for Google in California from December 8, 2020 until December 31, 2024 (the “PAGA Period”).
A. Google has agreed to pay $28,000,000 as the Class Total Settlement Amount. The Class Total Settlement Amount is intended to fund all payments to be made under the Settlement.
B. The “Class Net Settlement Amount” is the amount from the Class Total Settlement Amount that is available for distribution as the Class Payment portion of Class Settlement Shares to Class Members after deductions for PAGA Civil Penalties to be paid pursuant to the Labor Code Private Attorneys General Act (“PAGA”), the Class Representative Payment, the Class Counsel Fees and Expenses Payment, and the Settlement Administrator’s reasonable fees and expenses.
C. The Class Payment portion of the Class Settlement Share shall be paid to each Class Member who does not timely opt out of the Settlement by timely submitting a valid Request for Exclusion. However, as described below, all Class Members who are also PAGA Settlement Group Members will receive the PAGA Amount Payment portion of their Settlement Share regardless if they opt out from the Class Payment portion.
D. The Class Settlement Share for a Class Member will be based on an objective formula approved by the Court, and will depend, in part, on (1) the amount of total compensation the Class Member received in comparison to the amount of total compensation paid to all Participating Class Members; (2) the number of pay periods the Class Member worked during the PAGA Period (if any), and the amounts awarded by the Court for the payments to Plaintiff for the Class Representative Payment, Class Counsel, the PAGA Civil Penalties, and the Settlement Administrator.
E. Each Class Member who does not opt out of the Settlement will receive a “Class Payment.” A full and complete explanation of how settlement shares are calculated can be found in the Plan of Allocation.
F. In addition to the Class Net Settlement Amount, $60,000 of the Class Total Settlement Amount has been designated as the “PAGA Amount.” Each PAGA Settlement Group Member will receive a “PAGA Amount Payment” equal to the PAGA Amount times the ratio of (i) the number of pay periods worked by the PAGA Settlement Group Member during the PAGA Period (“Covered Pay Periods”) to (ii) the total number of pay periods worked by all such PAGA Settlement Group Members during the PAGA Period. All PAGA Settlement Group Members, including those who opt out of the Settlement, will receive a PAGA Amount Payment.
G. An approximation of your Class Settlement Share appears on your Notice of Estimated Class Settlement Share accompanying the Notice. Your actual Class Settlement Share may be more or less once final approval is given by the Court. The Class Settlement Shares and other amounts approved by the Court will be paid after final Court approval of the Settlement, entry of the final judgment, and the exhaustion of all rights to appeal or review, or after any appeal or review has been resolved in favor of the Settlement.
H. In addition to any money you may be eligible to receive, the Settlement also includes non-monetary relief, including a continued commitment by Google to work with a Labor Economist to review Google’s annual pay equity audits and make recommendations on that process to address the allegations in Plaintiff’s complaint, and a continued commitment by Google to work with an I/O Psychologist to review Google’s process for determining level at hire and make recommendations on that process to address the allegations in Plaintiff’s complaint. A comprehensive list of the non-monetary relief can be found in Section III.F of the Settlement Agreement HERE.
You will be included in the Settlement and receive the Class Payment portion of your Class Settlement Share (if any) unless you opt out of the Settlement, by mailing to the Settlement Administrator a signed “Request for Exclusion” letter, postmarked no later than July 15, 2025. The Request for Exclusion must include your name, address, telephone number, and the last four digits of your Social Security number, and should state in substance:
“I WISH TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN THE CANTU V. GOOGLE LLC LAWSUIT. I UNDERSTAND THAT IF I ASK TO BE EXCLUDED FROM THE SETTLEMENT CLASS, I WILL NOT RECEIVE THE CLASS PAYMENT PORTION OF MY SETTLEMENT SHARE.”
In addition, the Request for Exclusion must include your signature.
If you request to be excluded from the Settlement by the deadline, you will be excluded from the Settlement and will not receive a Class Payment. You will retain the right you may have, if any, to pursue a claim against Google. However, all PAGA Settlement Group Members (defined above) will be bound by the release of PAGA claims, and will receive a PAGA Amount Payment, regardless of whether they opt out of the Settlement.
A. The Court has appointed Atticus Administration LLC to act as an independent Settlement Administrator and to resolve any disputes concerning the calculation of Class Members’ Class Settlement Shares and their entitlement to Class Settlement Shares.
B. If you dispute the accuracy of any of the information shown on your Notice of Estimated Class Settlement Share, you must ask the Settlement Administrator to resolve the matter. In order to do so, you must return your Notice of Estimated Class Settlement Share to the Settlement Administrator postmarked no later than July 15, 2025. You should submit any documentary evidence that you have, along with the form. After consultation with you, Class Counsel, and Google, the Settlement Administrator will make a determination of the correct information, and that determination will be final, binding on you and Google, and non-appealable.
A. Class Members. On the date the Settlement Administrator pays to Class Members their Class Settlement Shares, any Class Members who did not timely and validly choose to opt out from the Settlement must give up any Class Claims they have against Google for the time period of February 15, 2018 through March 12, 2025. This includes known and unknown Class Claims against Google and any present and former parents, subsidiaries and affiliated companies or entities, and their respective officers, directors, employees, partners, shareholders, and agents, along with any successors, assigns and legal representatives and its related persons and entities (i.e. companies or people who take the legal place of the released parties) (“Released Parties”). These released claims are claims that arise out of or relate to the class allegations made in the current complaint, including but not limited to the allegations that Google paid Class Members less than it paid White and Asian employees for substantially similar work, or that Google otherwise discriminated against Class Members on the basis of race with respect to pay. The claims being given up include, but are not just limited to, claims made under certain sections of the California Labor Code and California Business and Professions Code. The claims that are being released are those that fall under the California Labor Code (sections 201-203, 1194.5, 1197.5, 2698 and others) and the California Business and Professions Code (section 17200 and others). Such claims include claims for wages, statutory penalties, civil penalties, or other relief under the California Labor Code, PAGA, relief from unfair competition under California Business and Professions Code section 17200 et seq., attorneys’ fees and costs, and interest (the “Class Members’ Released Claims”).
B. PAGA Settlement Group Members. In consideration for their awarded portions of the PAGA Civil Penalties, upon the date the Class Settlement Payments are mailed to Class Members, the State of California and all Members of the PAGA Settlement Group give up all claims for civil penalties under PAGA against Google and the Released Parties for the time span of December 9, 2020 until March 12, 2025. These are claims that were alleged or could have been alleged based on the facts contained in the notice Plaintiff sent to the LWDA under PAGA, including but not limited to claims under California Labor Code sections 201-204, 210, 226, 1194.5, 1197.5, and 2698 et seq. (the “Released PAGA Claims”). All PAGA Settlement Group Members will give up the PAGA Released Claims and they will receive a PAGA payment, even if they choose to not be a part of the main Class Settlement.
C. Class Representative Payment. Plaintiff will seek approval from the Court for a payment of $50,000.00 in consideration of initiating and pursuing the Action, and undertaking the risk of liability for attorneys’ fees and expenses in the event she was unsuccessful in the prosecution of the Action. This payment, which will be paid in addition to Plaintiff’s Class Settlement Share, will be made out of the Class Total Settlement Amount.
D. Class Counsel Fees and Expenses Payment. As part of the Final Approval Hearing, Class Counsel will request up to $7,000,000.00 for attorneys’ fees (25% of the Class Total Settlement Amount) and up to $300,000.00 for their expenses incurred in connection with their work in this case. Google does not oppose these payments. These amounts constitute full and complete compensation for all legal fees, costs, and expenses of all Class Counsel, including costs and expenses resulting from experts and other vendors retained by Class Counsel in connection with the litigation and all work done through the completion of the litigation, whatever date that may be. Class Members will not be required to pay Class Counsel for any other attorneys’ fees, costs or expenses out of their own pockets if the Settlement Agreement and the attorneys’ fees and expenses payment is finally approved by the Court. Class Counsel’s attorneys’ fees and expenses as approved by the Court will be paid out of the Class Total Settlement Amount.
E. Payment to LWDA. Because PAGA Settlement Group Members are also releasing their claims for civil penalties under PAGA, the parties have agreed that the LWDA, which is entitled to share in any recovery of civil penalties under PAGA, will be paid $180,000.00 out of the Class Total Settlement Amount as the LWDA’s share of the settlement of civil penalties. This amount is subject to the Court’s approval.
F. Costs of Administration. The reasonable costs of administering the Settlement, including the Settlement Administrator’s fees and expenses, estimated to be no more than $36,000.00, will be paid out of the Class Total Settlement Amount.
G. Individual Payment to Plaintiff. In addition to her Class Representative Payment and Class Settlement Share, Plaintiff will also receive a payment of $2,000,000, in settlement of her individual, non-class claims. This payment is separate and apart from the Class Total Settlement Amount. Google disagrees that Plaintiff should receive any amount for her individual claims as it has denied that it engaged in any unlawful activity, failed to comply with the law in any respect, or has any liability to Plaintiff under the claims. However, Google will not oppose this amount in order to avoid the costs and risk of further litigation. In exchange for this payment, Plaintiff will dismiss additional claims that were not brought on a class-wide basis, seeking damages not available for the class-wide claims, and Plaintiff will execute a general release of all known and unknown claims against Google.
H. Plaintiff and Class Counsel’s Support of the Settlement. Plaintiff as Class Representative and Class Counsel support the Settlement. Their reasons include the risk of a trial on the merits, the inherent delays and uncertainties associated with litigation, and the possibility that the Class is not entitled to any recovery. Based on their experience litigating similar cases, Class Counsel believe that further proceedings in this case, including a trial and probable appeals, would be very expensive and protracted. No one can confidently predict how the various legal questions at issue, including the amount of damages, would ultimately be resolved. Therefore, upon careful consideration of all the facts and circumstances of this case, Class Counsel believe that the Settlement is fair, reasonable, and adequate.
A. Participating in the Settlement. Plaintiff as Class Representative and Class Counsel represent your interests as a Class Member. Unless you opt out of the Settlement, you are a part of the Class, you will be bound by the terms of the Settlement and any final judgment that may be entered by the Court, and you will be deemed to have released the claims against Google and the other Released Parties described above. As a member of the Class, you will not be responsible for the payment of attorneys’ fees or reimbursement of litigation expenses unless you retain your own counsel, in which event you will be responsible for your own attorneys’ fees and expenses.
B. Notice of Estimated Class Settlement Share. The Notice of Estimated Class Settlement Share provides the information on which your Class Settlement Share will be calculated and an estimate of your Class Settlement Share if all Class Members participate, all payment amounts are awarded, and all funding of the Class Total Settlement Amount is completed; your actual Class Settlement Share may be more or less. If the information in the Notice of Estimated Class Settlement Share (including your mailing address) is correct, you do not need to return the form. If you wish to correct any information in the Notice of Estimated Class Settlement Share, such correction must be completed, signed by you, and returned to the Settlement Administrator, postmarked no later than July 15, 2025. It is your obligation to keep the Settlement Administrator informed of any changes in your mailing address until your Class Settlement Share is received, should final approval of the Settlement be granted. Failing to provide the Settlement Administrator with any change of your mailing address may prevent you from receiving your Class Settlement Share.
C. Excluding yourself from the Settlement. If you do not wish to participate in the Settlement, you must mail a written “Request for Exclusion” letter (described above), postmarked no later than July 15, 2025. Any person who timely and properly opts out of the Settlement will no longer be a member of the Settlement Class, will not be eligible to receive a Class Settlement Share, and will not be included in calculating the Class Payment portion of the Class Settlement Share of any other Class Member. Any such person will retain the right, if any, to pursue at their own expense a claim against Google, except that all PAGA Settlement Group Members (defined above) will release the Released PAGA Claims described above, and will receive a PAGA Amount Payment regardless of whether they opt out of the Settlement. An incomplete or unsigned Request for Exclusion will be deemed invalid.
Consistent with Google’s policies, there will be no retaliation or adverse action taken against any Class Member who participates in the Settlement or opts out of the Settlement.
D. Objecting to the Settlement. If you do not submit a Request for Exclusion, you may object to the terms of the Settlement before final approval.
MAIL YOUR OBJECTION TO:
Cantu v. Google Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
Any written objection must state your full name, current address, and telephone number; contact information for any attorney representing you for purposes of your objection; all of your objections and their factual and legal bases; whether you intend to appear at the Final Approval Hearing; and must include any and all papers, briefs, written evidence, declarations, and/or other evidence supporting your objection. Written objections to the Settlement must be mailed and postmarked by not later than July 15, 2025.
If you wish to object, you may also appear personally or through counsel of your choice, paid at your own expense, and be heard at the time of the Final Approval Hearing, if you wish to do so.
If the Court overrules your objection, you will be bound by the terms of the Settlement and will still be sent your Class Settlement Share.
| CLASS COUNSEL GUNN COBLE LLP Beth Gunn beth@gunncoble.com Catherine J. Coble cathy@gunncoble.com 3555 Casitas Ave. Los Angeles, CA 90039 Telephone: (818) 900-0695 Facsimile: (818) 900-0723 KRAMER BROWN HUI LLP Jennifer Kramer jennifer@kbhllp.com 3600 Wilshire Blvd., Suite 1908 Los Angeles, CA 90010 Telephone: (213) 310-8301 | GOOGLE LLC’s COUNSEL PAUL HASTINGS LLP Felicia A. Davis feliciadavis@paulhastings.com Eric Distelburger ericdistelburger@paulhastings.com 101 California Street, 48th Floor San Francisco, California 94111 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 |
DO NOT TELEPHONE THE COURT OR GOOGLE’S COUNSEL.
The Court will hold a Final Approval Hearing on September 11, 2025, at 1:30 p.m., in Department 7 of the Superior Court of California, County of Santa Clara, 191 N. First St., San Jose, California 95113, to determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve the requests for the Class Representative Payment and the Class Counsel Fees and Expenses Payment.
The hearing may be postponed without further notice to the Class. It is not necessary for you to appear at this hearing. If you have submitted an objection you may appear at the hearing and be heard.
Although Class Members may appear in person, the judge overseeing this case encourages remote appearances. As of August 15, 2022, the Court’s remote platform is Microsoft Teams. Class Members who wish to appear remotely should contact Class Counsel at least three days before the hearing if possible. Instructions for appearing remotely are provided at:
https://www.scscourt.org/general_info/ra_teams/videohearingsteams.shtml and should be reviewed in advance. Class Members may appear remotely using the Microsoft Teams link for Department 7 (Afternoon Session) or by calling the toll-free conference call number for Department 7.
For the precise terms and conditions of the Settlement, you are referred to the detailed Settlement Agreement, which will be on file with the Clerk of the Court. The pleadings and other records in this litigation, including the Settlement Agreement, may be examined (a) online on the Superior Court of California, County of Santa Clara’s Electronic Filing and Service Website at www.scefiling.org, or (b) in person at Records, Superior Court of California, County of Santa Clara, 191 N. 1st Street, San Jose, California 95113, between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays and closures. For persons who wish to review the Court’s docket in this case, the URL for the Court’s electronic filing and service website is www.scefiling.org and www.scscourt.org. You may also contact Class Counsel or the Settlement Administrator. Reference the Cantu v. Google LLC Wage and Hour Settlement.
PLEASE DO NOT TELEPHONE THE COURT OR GOOGLE’S COUNSEL FOR INFORMATION REGARDING THIS SETTLEMENT. YOU MAY, HOWEVER, CALL ANY OF THE CLASS COUNSEL LISTED ABOVE OR THE SETTLEMENT ADMINISTRATOR AT 1-800-329-1336.