289 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
J. Komitee denies a litigant’s motion to seal his entire case which he first filed in 2008 stemming from the suspension of his medical license, finding that, despite his protestations that the case has denied him gainful employment, the motion is outweighed by the public’s interest. The court finds it more prudent to seal only his medical records he provided.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 31, 2023, Case #: 1:08cv4718, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, employment, Health Care
J. Treadwell denies the employee's motion for reconsideration of an earlier order partially granting the employer's motions to dismiss a civil rights and race discrimination action arising from the employer's alleged failure to reclassify the employee, an appraiser, to a higher position. The employee failed to follow the court's instructions in amending her complaint, therefore her allegations with regard to liability for pay discrimination based on events that happened years before she filed her charge of discrimination with the EEOC were properly struck from the second amended complaint.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: May 30, 2023, Case #: 5:21cv239, NOS: Employment - Civil Rights, Categories: civil Procedure, Civil Rights, employment Discrimination
J. Fleming grants the employer's motion to intervene, ruling that because the fired employee's claims regarding the coworker's breach of a commission agreement are directly related to whether the employer was contractually allowed to fire the employee, it has a legitimate purpose to be included in the suit. Therefore, because the request was made in a timely manner and the lawsuit has hardly progressed since being filed, the employer will be included in the case moving forward.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: May 24, 2023, Case #: 1:22cv638, NOS: Other Contract - Contract, Categories: civil Procedure, employment, Contract
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J. Gilliland issues an omnibus pre-trial order in a dispute between a former worker and a major Texas farm organization after the worker alleged that he was improperly classified as a contractor. The omnibus order clarifies, among other things, that the Texas Farm Bureau cannot claim the “Outside Sales Exemption” to the Fair Labor Standards Act in this dispute because selling products was not the worker’s “primary duty.”
Court: USDC Western District of Texas , Judge: Gilliland, Filed On: May 17, 2023, Case #: 6:19cv679, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, employment, Labor
J. Gilliland grants summary judgment determining that the Texas Farm Bureau, a major state agricultural organization, is not a “retail establishment” and therefore “not exempt from FLSA overtime wage requirements on that basis” after the group was sued by a former agency manager who alleged he was improperly classified as a contractor to avoid employment requirements.
Court: USDC Western District of Texas , Judge: Gilliland, Filed On: May 16, 2023, Case #: 6:19cv679, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, employment, Labor
J. Chin finds that the district court improperly found for a New York City casino operator accused of failing to give employees advanced notice before closing its buffet restaurant because the number of workers and certain qualities rendered the restaurant a distinct "operating unit," which raised questions of fact as to whether 60-90 days' notice had been required prior to the layoffs. Reversed.
Court: 2nd Circuit, Judge: Chin, Filed On: May 15, 2023, Case #: 21-833-cv, Categories: civil Procedure, employment, Class Action
J. Sammartino declines to fully dismiss a Homeland Security field director's age and disability discrimination claims. Although the director's "designation of the Secretary in the caption as both 'an individual' and 'Secretary, U.S. Department of Homeland Security,' is ambiguous as to the capacity in which he is being sued," the allegations in the complaint strongly suggest the Secretary was named in his official rather than individual capacity. In light of "favoring decisions on the merits over technicalities," the complaint is dismissed with prejudice against the Secretary in his individual capacity but can move forward against the Secretary in his official capacity.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 11, 2023, Case #: 3:22cv557, NOS: Employment - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, employment Discrimination
J. Branch finds that the district court properly entered an order enforcing only part of an administrative subpoena issued by the commission against a car part manufacturer. The commission sought a subpoena for information on employees fired by the manufacturer for attendance-related infractions. The commission charged the manufacturer with discrimination under the Americans with Disabilities Act Amendments Act after an employee complained he was fired for taking protected FMLA absences. The district court correctly found that the commission's charge related only to the manufacturer's Northport facility in Alabama. The companywide data sought by the commission is irrelevant to that charge. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: May 10, 2023, Case #: 21-13799, Categories: civil Procedure, employment Discrimination