Joseph R. Saveri (SBN 130064) Steven N. Williams (SBN 175489) KylaJ. Gibboney (SBN 301441) V Chai Oliver Prentice (SBN 309807) JOSEPH SAVERI LAW FIRM, INC. .5 \OOO\]O\U1 601 California Street, Suite 1000 San Francisco, CA 94108 Telephone: (415) 500—6800 Facsimile. (415) 395— 9940 jsaveri@saverilawfirm. com swillliams@saverilawfirm. com kgibboney@saverilawf1rm. com vprentice@savenlawfirm. com 18_ (“LEE—“TE “ ‘ 0MP Complaint 1393739 Attorneys for Plaintiff and the Proposed Class. Additional counsel on signature page. il I “l llIllllllllllllllllllllllllll 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 11 12 1851\i05135 13 SELENA SCOLA, individually of all others similarly situated, 14 15 Civil Action No. and on behalf COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF P/az'm‘zfi 16 v. 17 FACEBOOK, INC. and PRO UNLIMITED, INC., 18 19 CLASS ACTION Defendants 20 NEED FOR ACTION 21 22 1. Plaintiff Selena Scola seeks to protect herself and all others similarly situated from the of psychological trauma resulting from Facebook’s failure to provide a safe workplace for the 23 dangers 24 thousands 25 11561331 of contractors who are entrusted to provide the safest environment possible for Facebook 26 27 28 This complaint does not contain additional and known allegations concerning Ms. Scola’s experience as a content moderator at Facebook. Such allegations provide greater factual support for Facebook’s abdication of its legal duties to protect people like Ms. Scola and the putative class members. This complaint does not include these allegations because Ms. Scola fears that Facebook may retaliate against her using a purported non-disclosure agreement (“NDA”). Ms. Scola 1 1 COL/[PLAIN T FOR DECLARATORY AND INJUNCTIVE RELIEF 2. Every day, F acebook users post millions of videos, images, and livestreamed broadcasts of child sexual abuse, rape, torture, bestiality, beheadings, suicide, and murder. To maintain a sanitized platform, maximize its already vast profits, and cultivate its public image, Facebook relies on people like Ms. Scola — known as “content moderators” corporation’s terms 3. — to view those posts and remove any that violate the of use. From her cubicle in Facebook’s Silicon Valley offices, Ms. Scola witnessed thousands of acts of extreme and graphic violence. As another Facebook content moderator recently told the KOOO\]O\ Guardian, “You’d go into work at 9am every morning, turn on your computer and watch someone have their head cut off. Every day, every minute, that’s what you see. Heads being cut 4. 10 As a result of constant off.” and unmitigated exposure to highly toxic and extremely 11 disturbing images at the workplace, Ms. Scola developed and suffers from significant psychological 12 trauma and post—traumatic stress disorder (“PTSD”). 5. 13 In an effort to cultivate its image, Facebook helped draft workplace safety standards to 14 protect content moderators like Ms. Scola from workplace trauma. Other tech companies have 15 implemented these safety standards, which include providing moderators with robust and mandatory 16 counseling and mental health supports; altenng the resolution, audio, size, and color 17 inducing images; and training moderators to recognize the physical and psychological symptoms of 18 PTSD. 19 6. But Facebook ignores the workplace safety standards it helped create. Instead, the 20. multibillion—dollar corporation affirmatively requires 21 22 23 of trauma- its content moderators to work under conditions known to cause and exacerbate psychological trauma. 7. By requiring its content moderators to work in dangerous conditions that cause debilitating physical and psychological harm, Facebook violates California law. 24 25 26 27 28 disputes the applicability of the NDA to this case, but out of an abundance of caution believes it is appropriate to later lodge an amended complaint supplementing these allegations with the additional allegations related to her expelience as a content moderator at F acebook. 2 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 8. Without this Court’s intervention, Facebook and the company it outsources its hiring to, Pro Unlimited, Inc., will continue avoiding their duties to provide content moderators with a safe workplace. 9. On behalf of herself and all others similarly situated, Ms. Scola brings this action to stop these unlawful and unsafe workplace practices, to ensure Facebook and Pro Unlimited ooflOxM-b (collectively, “Defendants”) provide content moderators with proper mandatory onsite and ongoing mental health treatment and support, and to establish a medical monitoring fund for testing and providing mental health treatment to the thousands of former and current content moderators affected \O by Defendants’ unlawful practices. JURISDICTION AND VENUE 10 10. 11 This Court has subject matter jurisdiction over all causes of action alleged in this of competent 12 Complaint pursuant to the California Constitution, Article VI, 13 jurisdiction to grant the relief requested. Plaintiffs claims arise under the laws of the State of California, 14 are 15 domain, and are not statutoiily assigned to any other trial court. 16 not preempted by federal law, do not challenge conduct within any federal agency’s exclusive 11. This Court has personal jurisdiction over Pro Unlimited because the corporation 17 regularly conducts business in the State 18 California. 19 12. 20 21 10, and is a Court § and has sufficient minimum contacts with This Court has personal jurisdiction over Facebook because the corporation is headquartered in the County 13. of California of San Mateo and regularly conducts substantial business there. Venue is proper in this Court pursuant to California Code of Civil Procedure sections in the County of 22 395 and 395.5. Facebook is headquartered 23 business there. The injuries that have been sustained as a result of Facebook’s illegal conduct occurred 24 in the County of San Mateo. 27 , PARTIES 25 26 San Mateo and conducts substantial 14. Plaintiff Selena Scola is an adult resident of San Francisco, California. From approximately June 19, 2017 until March 1, 2018, Ms. Scola worked as a Public Content Contractor at 28 3 COMPLAINT FOR DECLARATORY AND IN JUN CTIVE RELIEF Facebook’s offices in Menlo Park and Mountain View, California. During this period, Ms. Scola was employed solely by Pro Unlimited, Inc. 15. Defendant Pro Unlimited, Inc. is contingent labor management company. Pro a Unlimited is incorporated in New York, with its principal office located at 7777 Glades Road, Suite 208, Boca Raton, Florida, 33434. 16. Defendant Facebook, Inc. is “a mobile application and website that enables people to connect, share, discover, and communicate with each other on mobile devices and personal computers.” Facebook is a publicly—traded corporation incorporated under the laws of Delaware, with its headquarters located at 1601 Willow Road, Menlo Park, California, 94025. FACTUAL ALLEGATIONS 10 11 A. Content moderators scour the most depraved images on the internet to protect Facebook users from trauma-mducing content. 12 17. 13 14 Content moderation is the practice of removing online material that violates the terms of use for social networking sites like Facebook. 18. 15 Instead of scrutinizing content before it is uploaded, Facebook relies on users to report 16 inappropriate content. Facebook receives more than one million user reports of potentially 17 objectionable content every day. Human moderators review the reported content 18 thousands 19 19. of videos and images 21 seeks 24 20. Facebook has developed hundreds of rules that its content moderators use to determine whether comments, messages, or images Violate its policies. 21. According to Monika Bickert, head of global policy management at Facebook, Facebook conducts weekly audits 26 being followed consistently. 28 with an error rate of less than one percent, and to review all user—reported content within 24 hours. 25 27 of use. Facebook’s content moderators are asked to review more than 10 million potentially rule—breaking posts per week. F acebook aims to do this 23 sometimes every shift — and remove those that violate F acebook’s terms 20 22 — 22. of every content moderator’s work to ensure that these rules are In August 2015, Facebook rolled out Facebook Live, a feature that allows users to broadcast live video streams on their Facebook pages. Mark Zuckerberg, Facebook’s chief executive 4 COIVIPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF officer, considers Facebook Live to be instrumental to the corporation’s growth. Mr. Zuckerberg has of the been a prolific user feature, periodically “going live” on his own Facebook page to answer questions from users. 23. But Facebook Live also provides a platform for users to livestream murder, beheadings, torture, and even their own suicides, including the following: In late April a father killed his 11—month—old daughter and livestreamed it before hanging himself. Six days later, Naika Venant, a 14—year—old who lived in a foster home, tied a scarf to a shower’s glass doorframe and hung herself. She streamed the whole suicide in real time on Facebook Live. Then in early May, a Georgia teenager took pills and placed a bag over her head in a suicide attempt. She livestreamed the attempt on Facebook and survived only because viewers watching the event unfold called police, allowing them to arrive before she died. 1o 11 12 13 14 15 16 24. F acebook recognizes the dangers of exposing its users to images and videos of graphic violence. 25. On May 3, 2017, Mr. Zuckerberg announced: “Over the last few weeks, we’ve seen people hurting themselves and others on Facebook—either live or in video posted later. Over the next year, we’ll be adding 3,000 people to our community operations team around the world—on top of the 4,500 we have today—to review the millions process for doing it quickly. of reports we get every week, and improve the 17 20 These reviewers will also help us get better at removing things we don’t allow on Facebook like hate speech and child exploitafion. And we’ll keep working with local community groups and law enforcement who are in the best position to help someone if they need it either because they’re about to harm themselves, or because they’re in danger from someone else.” 21 26. 18 19 —— 22 safe is our top According to Sheryl Sandberg, Facebook’s chief operating officer, “Keeping people priority. We won’t stop until we get it right.” 23 27. 24 around the world. 25 Today, Facebook employs or contracts to employ at least 7,500 content moderators B. Repeated exposure to graphic imagery can cause devastating psychological trauma, including PTSD. 26 28. 27 28 It is well known that exposure to images of graphic violence can cause debilitating injuries, including PTSD. 5 _ COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 29. In a study conducted by the National Crime Squad in the United Kingdom, of law enforcement officers 76 percent surveyed reported feeling emotional distress in response to exposure to child abuse on the internet. The same study, which was co—sponsored by the United Kingdom’s Association of Chief Police Officers, recommended that law enforcement agencies implement employee support programs to help officers manage the traumatic effects of exposure to child pornography. 30. levels Another study found that “greater exposure to disturbing media was related to higher of secondary traumatic stress disorder (STSD) and cynicism,” and that “substantial percentages of investigators reported poor psychological well—being.” 31. 10 The Eyewitness Media Hub studied the effects of viewing videos of graphic violence, 11 including suicide bombing, and found that “40 percent of survey respondents said that viewing 12 distressing eyewitness media has had a negative impact on their personal lives.” 32. 13 In a study of 600 employees of the Department of Justice’s Internet 14 Children task force, the U.S. Marshals Service found that 15 displayed symptoms 33. 16 of the investigators 18 PTSD. of trauma through work—related media 21 disassociation, difficulty sleeping, excessive weight gain, anxiety, and nausea. 23 24 diagnostic criteria for of subtle to significant physical symptoms, including extreme fatigue, cognitive may develop a range 35. as Depending on many factors, an individual with psychological trauma and/ or PTSD 20 22 surveyed The current DSM—V (American Psychiatric Association, 2013) recognizes repeated or extreme exposure to aversive details 34. quarter of psychological trauma, including STSD. 17 19 a Crimes Against PTSD symptoms may manifest soon after the traumatic event, or they may develop over time and manifest later in life. industry standards for minimizing harm to content moderators but failed to implement those standards. C. Facebook helped craft 25 26 36. In 2006, Facebook helped create the Technology Coalition, a collaboration of internet “to develop technology solutions to disrupt the ability to 27 service providers (“ISPs”) aiming 28 Internet to exploit children or distribute child pornography.” 6 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF use the 37. Facebook was a member of the Technology Coalition at all times relevant to the allegations herein. 38. 4; Guidebook for Handling Child Sex Abuse Images” (the “Guidebook”). 39. \]O\Ul In January 2015, the Technology Coalition published an “Employee Resilience According to the Guidebook, the technology industry “must support those employees who are the front line of this battle.” 40. The Guidebook recommends that ISPs implement a robust, formal “resilience” program to support content moderators’ well—being and mitigate the effects of exposure to trauma— . inducing imagery. 10 41. 11 With respect to hiring content moderators, the Guidebook recommends: a. In an informational interview, “[u]se industry terms like “child sexual abuse imagery” and “online child sexual exploitation” to describe subject matter.” b. In an informational interview, “[e]ncourage candidate to go to websites [like the National Center for Missing and Exploited Children] to learn about the problem.” c. In follow—up interviews, “[d]iscuss candidate’s previous experience/ knowledge with this type of content.” 12 13 14 15 ' In follow—up interviews, “[d]iscuss candidate’s current level learning more about the subject.” 6. In f. In (1. 16 17 18 of comfort after follow—up interviews, “[a]llow candidate to talk with employees who handle content about their experience, coping methods, etc.” follow—up interviews, “[b]e sure to discuss any voluntary and/ or mandatory counseling programs that will be provided candidate is hired.” if 19 42. 2o 1 With respect to safety on the job, the Guidebook recommends: 21 a. Limiting the amount of time an employee is exposed to child pornography; 22 b. Teaching moderators how to 23 c. Performing with 24 25 a assess their own reaction to the images; controlled content exposure during the first week of employment team member and providing follow up counseling sessions to the a seasoned new employee; d. Providing mandatory group and individual counseling sessions administered by professional with specialized training in trauma intervention; and e. Permitting moderators to “opt—out” from viewing child pornography. 26 27 28 7 COB/[PLAIN T FOR DECLARATORY AND INJUNCTIVE RELIEF a 43. The Technology Coalition also recommends the following practices for minimizing exposure to graphic content: a. Limiting time spent viewing disturbing media to “no more than four consecutive hours.” (11-m b. “Encouraging switching to other projects, which will allow professionals to get relief from viewing images and come back recharged and refreshed.” c. Using “industry—shared hashes to more easily detect and report [content] and in turn, limit employee exposure to these images. Hash technology allows for identification of exactly the same image previously seen and identified as objectionable.” d. Prohibiting moderators from viewing child pornography one hour before the individuals leave work. e. Permitting moderators to take time \OOO\]O\ 10 11 44. 12 off as a response to trauma. According to the Technology Coalition, if a company contracts with a third—party 13 vendor to perform duties that may bring vendor employees in contact with graphic content, the 14 company should clearly outline procedures to limit unnecessary exposure and should perform an initial 15 audit 16 of a contractor’s 45. wellness procedures for its employees. The National Center for lVlissing and Exploited Children (N CMEC) also promulgates 17 guidelines for protecting content moderators from psychological trauma. For instance, NCMEC 18 recommends changing the color or resolution 19 changing the direction 20 muting audio. 21 46. of the image, superimposing a grid over the image, of the image, blurring portions of the image, reducing the size of the image, and Based on these industry standards, some ISPs take steps to minimize harm to content 22 moderators. For instance, at one ISP, “[t] he photos are blurred, rendered in black and white, and shown 23 only in thumbnail sizes. Audio is removed from Video.” Filtering technology is used to distort images, 24 and moderators are provided with mandatory psychological counseling. 25 47. At another ISP, each applicant for a content moderator position is assessed for 26 suitability by a psychologist, who asks about their support netivork, childhood experiences, and 27 triggers. Applicants are then interviewed about their work skills before proceeding to a final interview 28 where they are exposed to child sexual abuse imagery. Candidates sit with two employees 8 COMPLAINT FOR DECLARATORY AND IN JUNCTIVE RELIEF of the ISP and review a sequence of images getting progressively worse, working towards the worst kinds of sexual violence against children. This stage is designed to see how candidates cope and let them decide whether they wish to continue with the role. Once they accept the job, analysts have an enhanced background check before they start their six months’ training, which involves understanding criminal flat/14> law, learning about the dark web, and, crucially, building resilience to looking at traumatic content. Facebook does not provide its content moderators with sufficient training or 48. implement the safety standards it helped develop. Facebook content moderators review thousands of 00 trauma—inducing images each day, As one moderator described the job: 49. 10 11 12 13 14 15 16 17 with little training on how to handle the resulting distress. “[The moderator] in the queue (production line) receives the tickets (reports) randomly. Texts, pictures, Videos keep on flowing. There is no possibility to know beforehand what will pop up on the screen. The content is very diverse. No time is left for a mental transition. It is entirely impossible to prepare oneself psychologically. One never knows what 5 he will run into. It takes sometimes a few seconds to understand what a post is about. The agent is in a continual situation of stress. The speed reduces the complex analytical process to a succession of automatisms. The moderator reacts. An endless repetition. It becomes difficult to disconnect at the end of the eight—hour shift.” / D. Plaintiff Scola’s individual allegations. From approximately June 19, 2017 until March 50. 18 employed by Pro Unlimited 19 Mountain View, California. as a 1, 2018, Plaintiff Selena Scola Public Content Contractor at F acebook’s offices in Menlo Park and During this period, Ms. Scola was employed solely by Pro Unlimited, an independent 20 51. 21 contractor 22 52. Ms. Scola has never been employed by Facebook in any capacity. 23 53. During her employment 24 25 was of F acebook. as a content moderator, Ms. Scola was exposed to thousands of images, videos, and livestreamed broadcasts of graphic violence. Ms. Scola developed and continues to suffer from debilitating PTSD 54. as a result of K 26 working as 27 55. 28 a Public Content Contractor at Facebook. Ms. Scola’s PTSD symptoms may be triggered when she touches a computer mouse, enters a cold building, watches Violence on television, hears loud noises, or is startled. Her symptoms 9 COMPLAINT FOR DECLARATORY AND lNJUNCTIVE RELIEF are also triggered when she recalls or describes graphic imagery she was exposed to as a content moderator. CLASS 56. ACTION ALLEGATIONS Plaintiff Selena Scola brings this class action individually and on behalf of all California citizens who performed content moderation work for Facebook within the last three years. 57. Excluded from this definition are the Defendants and their officers, directors, management, employees, subsidiaries, and affiliates, and any federal, state, or local governmental entities, any judicial officer presiding over this action and the members of his / her immediate family and judicial staff, and any juror assigned to this action. Plaintiff reserves the right to revise the class 10 11 definition based upon information learned through discovery. 58. The class is so numerous that joinder of all members is impracticable. Plaintiff does 12 not know the exact size of the class since that information is within the control of F acebook. However, 13 upon information and belief, Plaintiff alleges that the number of class members is numbered in the 14 thousands. Membership in the class is readily ascertainable from Defendants’ employment records. 15 16 17 59. Plaintiff 5 claims are typical of the claims of the class, as all members of the class are similarly affected by Defendants’ wrongful conduct. 60. There are numerous questions of law or fact common to the class, and those issues 18 predominate over any question affecting only individual class members. The common legal and factual 19 issues include the following: 2o a. Whether Defendants committed the violations of the law alleged herein; b. Whether Defendants participated in and perpetrated the tortious conduct complained of herein; c. Whether Facebook’s duty of care included the duty to warn the class of and protect the class from the health risks and the psychological impact of content moderating; d. Whether Plaintiff and the class are entitled to an order directing Defendants to establish one or more funds to pay for the expense of future medical monitoring and medical care for Plaintiff and the class; e. Whether injunctive relief should be awarded in the form of an order directing Facebook comply with industry guidelines for safety in content moderation; and 21 22 23 24 25 26 27 28 1 0 COMPLAJNT FOR DECLARATORY AND INJUNCTIVE RELIEF Whether relief should be awarded in the form of an order directing Facebook to establish a medical monitoring fund. f. . 61. The claims asserted by Plaintiff are typical of the claims of the class, in that the representative plaintiff, like all class members, was exposed to highly toxic, unsafe, and injurious content during her employment as a content moderator at Facebook. Each member of the proposed class has been similarly injured by Defendants’ misconduct. 62. Plaintiff will fairly and adequately protect the interests of the class. Plaintiff has retained attorneys experienced in class actions and complex litigation. Plaintiff intends to vigorously prosecute this litigation. Neither Plaintiff nor her counsel have interests that conflict with the interests other class members. 1o 63. 11 12 13 14 15 16 17 18 19 of the Plaintiff and the class members have all suffered and will continue to suffer harm resulting from Defendants’ wrongful conduct. A class action is superior to other available methods for , the fair and efficient adjudication of the controversy. Treatment as a class action will permit a large number of similarly situated persons to adjudicate their common claims in a single forum simultaneously, efficiently, and without the duplication of effort and expense that numerous individual actions would engender. Class treatment will also permit the adjudication of the proposed class who could not individually afford to litigate a of claims by many members claim such as is asserted in this complaint. This class action likely presents no difficulties in management that would preclude maintenance as a class action. 20 FIRST CAUSE OF ACTION 21 (as against F acebook only) NEGLIGENCE 22 64. Plaintiff realleges and incorporates by reference herein all allegations above. 23 65. A hirer of an independent contractor is liable to an employee of the contractor insofar 24 25 as a hireris exercise 66. of retained control affirmatively contributed to the employee’s injuries. If a hirer entrusts work to an independent contractor but retains control over safety 26 conditions at a jobsite and then negligently exercises that control in 27 contributes to an employee’s injuries, the hirer is liable for those injuries, based on its own negligent a manner that affirmatively 28 ll COMPLAINT FOR DECLARATORY AND INIUNCTIVE RELIEF exercise of that retained control. When the hirer actively retains control, it cannot logically be said to have delegated that authority. 67. At all times relevant to the allegations herein, Plaintiff was an employee of Pro Unlimited. 68. Facebook retained control over the safety the mode, means, and method 69. of Plaintiff and the class by actively directing of content moderation work at its California offices. Facebook negligently exercised that retained control in manner that affirmatively a \OOO\10‘\ contributed to the injuries of Plaintiff and the class. 70. Facebook had a duty to provide Plaintiff and the class with necessary and adequate 10 safety and instructional materials, warnings, and means to reduce and/ or minimize the physical and 11 psychiatric risks associated with exposure to graphic imagery. 12 13 14 71. F acebook was aware or should have been aware that the workplace could be made safe if proper precautions were followed. 72. Facebook was. also aware of the psychological trauma that could be caused by viewing 15 video, images, and/ or livestreamed broadcasts ”of Child abuse, rape, torture, bestiality, beheadings, 16 suicide, murder, and other forms 17 follow up with content moderators, who are exposed to such content each 18 73. of extreme violence. As a result, Facebook had a duty to monitor and day. Facebook breached its duty by failing to provide the necessary and adequate safety and 19 instructional materials, warnings, and means to reduce and/ or minimize the physical and psychiatric 20 risks associated with exposure to graphic imagery. 21 22 23 24 25 74. increased risk 75. As a result of Facebook’s tortious conduct, Plaintiff and the class have experienced an of developing serious mental health injuries, including PTSD. The PTSD from which Plaintiff suffers requires specialized testing with resultant treatment that is not generally given to the public at large. 76. The medical monitoring regime includes, but is not limited to, baseline tests and 26 diagnostic examinations which will assist in diagnosing the adverse health effects associated with 27 exposure to trauma. This diagnosis will facilitate the treatment and behavioral and/ or pharmaceutical 28 12 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF interventions that will prevent or mitigate various adverse consequences of the post—traumatic stress disorder and diseases associated with exposure to graphic imagery. Monitoring and testing Plaintiff and the 77. .1; class will significantly reduce the risk of long— term injury, disease, and economic loss. Plaintiff 78. seeks an injunction creating monitoring program to facilitate the diagnosis and adequate treatment of Plaintiff and the \DOO\]O\UI class for psychological trauma, including but not limited to PTSD. The medical monitoring should include trust fund to pay for the medical monitoring and treatment of Plaintiff and the class appropriately 1o medical a court—supervised, Facebook—funded 79. as a frequently and as necessary. Plaintiff and the class have no adequate remedy at law, in that monetary damages alone 11 cannot compensate them for the continued risk of developing long—term physical and economic losses 12 due to serious and debilitating mental health injuries. Without court—approved medical monitoring as 13 described herein or established by the Court, Plaintiff and the class will continue to face an 14 unreasonable risk of continued injury and disability. 15 SECOND CAUSE OF ACTION 16 CALIFORNIA UNFAIR COMPETITION LAW (as against Pro Unlimited only) 17 80. Plaintiff realleges and incorporates by reference herein all allegations above. 18 81. The California Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 19 reg, UCL §17200 provides, 20 unfair or fraudulent business practices and unfair, deceptive, untrue or misleading advertising 82. 22 state or federal law. 23 83. ez‘ in pertinent part, that “unfair competition shall mean and include unlawful, Under the UCL, 21 17200 Section 6400 a business act or practice is “unlawful” of California’s Labor of employment that if it violates . . . .” any established Code requires employers to “furnish employment for the employees therein.” Similarly, 24 and a place 25 requires every employer to “furnish and use safety devices and safeguards, and [to] adopt and use 26 practices, means, methods, operations, and processes which are reasonably adequate to render such 27 employment and place of employment safe and healthful.” is safe and healthful 28 l3 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF § 6401 84. To protect employees from unsafe workplaces, California law requires that “[e]very employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees.” Cal. Labor Code § 6401. This includes “estab]ish[ing], implement[ing], and maintain[ing] an effective injury prevention program.” Cal.- Labor Code § 6401.7. Employers must “provide and use safety devices and safeguards reasonably adequate to render the employment and place of employment safe”; “adopt and use methods and processes reasonably adequate to render the employment and place of employment safe”; and “do health of employees.” 85. 10 11 12 13 place every other thing reasonably necessary to protect the life, safety, and Cal. Labor Code § 6403. No employer can “require or permit any employee to go or be in any employment or of employment which is not safe and healthful.” 86. § 6402. Pro Unlimited’s failure to provide a safe workplace for Plaintiff and its former and current employees violates, inter a/z'a, Labor Code 87. Cal. Labor Code §§ 6400, 6401, 6401.7, 6402 and 6403. Pro Unlimited did not provide Plaintiff or the class with a safe working environment. 14 Pro Unlimited routinely and repeatedly exposed Plaintiff and the class to content known to cause 15 psychological trauma and PTSD. Even though Pro Unlimited knew 16 implemented adequate safety measures, the company refused to implement necessary and adequate 17 safety and instructional materials, warnings, and means to reduce and/ or minimize the risks associated 18 with exposure to graphic imagery. of and could have reasonably 19 88. Pro Unlimited required Plaintiff and the class to work in unsafe conditions every day. 20 89. Pro Unlimited’s illegal conduct was willful and senous, and directly caused harm to 21 22 23 24 25 26 27 Plaintiff and the class. 90. money because 91. Plaintiff suffered an injury in fact because of Pro Unlimited’s conduct and of Pro Unlimited’s has lost conduct. Specifically, Plaintiff paid for medical treatment and therapy to treat PTSD, which was caused by Pro Unlimited’s conduct. 92. There were reasonably available alternatives to further Pro Unlimited’s legitimate business interests, other than the conduct described herein. 28 14 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 93. Pro Unlimited’s failure to follow worker safety laws amounts to an unlawful, unfair, and fraudulent business practice under California Business and Professions Code 94. Code § Plaintiff seeks all appropriate § 17200. injunctive relief pursuant to Business and Professions 17203, including an order requiring Pro Unlimited to implement safety guidelines for all content moderators. 95. Plaintiff seeks an injunction creating a court—supervised, Pro Unlimited—funded medical monitoring program facilitating the diagnosis and adequate treatment of Plaintiff and the class for psychological injuries, including but not limited to PTSD. The medical monitoring should include trust fund to pay for the medical monitoring and treatment of Plaintiff and the class 10 appropriately 96. 11 12 as as a frequently and necessary. Plaintiff and the class will be irreparably harmed and/ or denied an effective and complete remedy if such an order is not granted. 97. 13 Plaintiff also 14 seeks an award of attorney’s fees. THIRD CAUSE OF ACTION CALIFORNIA UNFAIR COMPETITION LAW 15 (as against Facebook only) 16 98. Plaintiff realleges and incorporates by reference herein all allegations above. 99. Facebook’s negligent exercise 17 of retained control Plaintiff and the class violates the 18 California common law. 19 100. Facebook’s failure to provide a safe workplace for Plaintiff and the class violates the 20 California common law. 21 101. If a hirer entrusts work to an independent contractor but retains control over safety 22 conditions at a jobsite and then negligently exercises that control in a manner that affirmatively 23 contributes to an employee’s injuries, the hirer is liable for those injuries, based on its own negligent 24 exercise of that retained control. Because the hirer actively retains control, it cannot logically be said to 25 have delegated that authority. 26 102. At all times relevant to the allegations herein, Plaintiff was an employee 27 Unlimited. 28 15 CONIPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF of Pro Facebook retained control over the safety of Plaintiff and the class by actively directing 103. the mode, means, and method of content moderation work at its California offices. Facebook negligently exercised that retained control in a manner that affirmatively 104. contributed to the injuries of Plaintiff and the class. Facebook had a duty to provide Plaintiff and the class with necessary and adequate 105. safety and instructional materials, warnings, and means to reduce and/ or minimize the risks associated with exposure to graphic imagery. Facebook was aware or should have been aware that the workplace could be made safe 106. if proper precautions were followed. F acebook was also aware of the psychological trauma that could be caused by viewing 107. 10 of child 11 video, images, and/ or livestreamed broadcasts 12 suicide, murder, and other forms 13 follow up with those who are repeatedly exposed to such content. of extreme violence. As a result, Facebook has a duty to monitor and Facebook breached its duty by failing to provide the necessary and adequate safety and 108. 14 abuse, rape, torture, bestiality, beheadings, 15 instructional materials, warnings, and means to reduce and/ or minimize the risks associated with 16 exposure to graphic imagery. Facebook’s illegal conduct was willful and serious, and directly caused harm to Plaintiff 109. 17 ‘ 18 and the class. 110. 19 2o 21 22 23 24 25 because Plaintiff suffered an injury in fact because of Facebook’s conduct and has lost money of Facebook’s 111. conduct. Specifically, Plaintiff paid out of pocket for medical treatment and therapy for her PTSD, which was caused by Facebook’s conduct. 112. There were reasonably available alternatives to further Facebook’s legitimate business interests, other than the conduct described herein. 113. Plaintiff seeks all appropriate injunctive relief pursuant to Business and Professions 26 Code Section 17203 including an order requiring Facebook to implement safety guidelines for all 27 content moderators. 28 1 6 COD/[PLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff 114. seeks an injunction creating a court—supervised, Facebook—funded medical monitoring program facilitating the diagnosis and adequate treatment of Plaintiff the class for psychological injuries, including but not limited to PTSD. The medical monitoring should include a, trust fund to pay for the medical monitonng and treatment of Plaintiff and the class appropriately 115. as frequently and as necessary. Plaintiff also seeks an award of attorney’s fees. FOURTH CAUSE OF ACTION CALIFORNIA UNFAIR COMPETITION LAW (as against Facebook only as “Special Employer”) \OOO\10\ 116. Plaintiff realleges and incorporates by reference herein all allegations above. 10 117. Solely in the alternative and to the extent that the Court concludes that Facebook is a 11 “special employer” 12 for failure to provide a safe workplace. 13 118. of Plaintiff and the class, Plaintiff brings this fourth cause of action under the UCL Section 6400 of California’s Labor Code requires employers to “furnish employment 14 and a place of employment that is safe and healthful for the employees therein.” Similarly, Section 6401 15 requires every employer to “furnish and use safety devices and safeguards, and [to] adopt and use 16 practices, means, methods, operations, and processes which are reasonably adequate to render such 17 employment and place of employment safe and healthful.” 18 119. To protect employees from unsafe work places, California law requires that “[e]very 19 employer shall do every other thing reasonably necessary to protect the life, safety, and health of 20 employees.” Cal. Labor Code 21 an effective § 6401. This includes “establish[ing], implement[ing], and maintain[ing] injury prevention program.” Cal. Labor Code § 6401.7. Employers must “provide and use 22 safety devices and safeguards reasonably adequate to render the employment and place 23 safe”; “adopt and use methods and processes reasonably adequate to render the employment and place 24 of employment safe”; and “do 25 health 26 27 of employees.” 120. place of employment every other thing reasonably necessary to protect the life, safety, and Cal. Labor Code § 6403. No employer can “require or permit any employee to go or be in any employment or of employment which is not safe and healthful.” Cal. Labor Code § 6402. 28 17 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 121. Facebook did not provide a safe working environment. Facebook routinely and repeatedly exposed Plaintiff and the class to content known to cause psychological trauma, including PTSD. Even though Facebook knew of and could have reasonably implemented adequate safety measures, the corporation refused to implement necessary and. adequate safety and instructional materials, warnings, and means to reduce and/ or minimize the risks associated with exposure to graphic content. 122. Facebook’s failure to provide a safe workplace for Plaintiff and the class violates, inter \OOO\]O\ 4124, California Labor Code 123. 10 124. because 126. Specifically, Plaintiff paid out of pocket for medical treatment and therapy for her There were reasonably available alternatives to further Facebook’s legitimate business interests, other than the conduct described herein. 127. 17 18 Plaintiff suffered an injury in fact because of Facebook’s conduct and has lost money PTSD, which was caused by Facebook’s conduct. 15 16 Facebook’s illegal conduct was willful and serious, and directly caused harm to Plaintiff of Facebook’s conduct. 125. 13 14 and 6403. and the class. 11 12 §§ 6400, 6401, 6401.7, 6402 Facebook’s failure to follow worker safety laws amounts to an unlawful, unfair, and fraudulent business practice under California Business and Professions Code § 17200. 128. 19 seeks all appropriate injunctive relief pursuant to Business and Professions 17203, including an order requiring Facebook to implement safety guidelines for all content 20 Code 21 moderators. 22 129. § Plaintiff Plaintiff seeks an injunction creating a court—supervised, Facebook—funded medical 23 monitoring program facilitating the diagnosis and adequate treatment of Plaintiff and the 24 psychological injuries, including but not limited to PTSD. The medical monitoring should include 25 trust fund to pay for the medical monitoring and treatment of Plaintiff and the class 26 appropriately as necessary. 27 28 1 8 COlVfPLAlNT FOR DECLARATORY AND IN JUN CTIVE RELIEF as class for a frequently and 130. Plaintiff and the class will be irreparably harmed and/ or denied an effective and complete remedy if such an order is not granted. 131. Plaintiff also seeks an award of attorney’s fees. PRAYER FOR RELIEF WHEREFORE, Plaintiff, individually and on behalf of the a. Certify this action as a class b. Find that Plaintiff is a action, with a class as class, requests that the Court: defined above; \OOONQUI-b- proper representative of the class, and appoint the undersigned as class counsel; c. Order Defendants to pay for notifying class members of the pendency of this suit; d. Award declaratory and other equitable relief as is necessary to protect the interests of Plaintiff, class members, and all former and current content moderators employed by a third party to provide content moderation to Facebook; 6. Award injunctive relief as is necessary to protect the interests of Plaintiff and class members, including enjoining Defendants from continuing to conduct business through the unlawful and unfair practices alleged herein; f. Require Facebook and Pro Unlimited to establish a fund in an amount to be determined by the Court, for the purpose of establishing and maintaining a testing and treatment program whereby Plaintiff, the class, and all former and current content moderators employed by a third party to provide content moderation to Facebook will receive ongoing medical testing and monitoring and, if necessary, medical and psychiatric treatment until it can be determined that their psychological trauma is no longer a threat to their health; g. Award Plaintiff and class members their reasonable litigation expenses and attorneys’ fees; 10 11 12 13 14 15 16 17 and 18 h. Award any further relief that the Court deems just and equitable. 19 2O Dated: September 20, 2018 ectfull Res bmitted, 21 22 23 ” Jo‘s/{phBé/ WVC Steven N. 1x11300649 ams (SBN 175489) Kyla}. Gibboney (SBN 301441) V Chai Oliver Prentice (SBN 309807) 24 JOSEPH SAVERI LAW FIRM, INC. 25 601 California Street, Suite 1000 San Francisco, CA 94108 Telephone: (415) 500—6800 Facsimile: (415) 395 9940 26 27 28 jsaveri@saverilawfirm. com swillliams@saverilawfirm. corn kgibboney@saverilawfirm. com Vprentice@saverilawf1rm.com 1 9 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Korey A. Nelson (pro bat vice to be filed) knelson@burnscharest.com Lydia A. Wright (pro baa We to be filed) lwright@burnscharest.com Amanda Klevorn (pm lam vice to be filed) aklevornA@burnscharest.com BURNS CHAREST LLP 365 Canal Street, Suite 1170 New Orleans, LA 70130 Telephone: (504) 799—2845 Facsimile: (504) 881—1765 10 Warren Burns (pro bat wire to be filed) wburns@burnscharest.com Kyle Oxford (pro baa 11m to be filed) koxford@burnscharest.com BURNS CHAREST LLP 11 12 900 Jackson St., Suite 500 Dallas, Texas 75202 Telephone: (469) 904—4550 Facsimile: (469) 444—5002 13 14 William Most (SBN 279100) Williammost@gmail.com LAW OFFICE OF WILLIAM MOST 15 201 St. Charles Ave. Suite 114 #101 New Orleans, LA 70170 16 Telephone: (504) 509—5023 17 Attorneys for Plaintiff and the Proposed Class. 18 19 20 21 22 23 24 25 26 27 28 20 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF