194 results for 'nos:"Other Labor Litigation - Labor"'.
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J. Chen preserves a labor class action against Skechers, the shoe manufacturer, which was sued by a stockroom associate for untimely wages, finding the employee has standing and is provided a private right of action under sections of New York Labor Law.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 15, 2024, Case #: 1:23cv1055, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. D’Agostino preserves a shipper and receiver’s untimely wages complaint against her employer, a packaging materials manufacturer. Her allegations sufficiently articulate an injury suffered, so she has standing to sue, and the state labor law at issue affords a private right of action.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 14, 2024, Case #: 1:23cv790, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction, Labor
J. Hurd tosses a self-represented New York State Thruway employee’s discrimination and retaliation complaint, finding it fails to allege the agency’s decision to issue him several warnings for refusing to wear a mask around employees during the Covid-19 pandemic, which led to a negative performance review, was motivated by either discriminatory or retaliatory animus.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: March 11, 2024, Case #: 6:22cv337, NOS: Other Labor Litigation - Labor, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Nagala grants the employees' motion for class certification, ruling that although the class members were employed by FedEx for different periods of time and had minor differences in their job duties, they were all subject to the same pre-work security screenings and satisfy commonality requirements.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 8, 2024, Case #: 3:21cv1644, NOS: Other Labor Litigation - Labor, Categories: Evidence, Class Action, Labor
J. Geraci allows a housekeeper to continue certain claims contending a senior living company fired her after she complained that she had not been paid on a weekly basis and that she had been wrongfully accused of sleeping on the job. The complaint plausibly alleged state law provides the right to weekly wages and that the housekeeper had been terminated the day the company was served a complaint. However, no private right of action exists under certain cited laws.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 7, 2024, Case #: 6:23cv6227, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation
J. Sammartino denies the employee's motion to remand a wage-and-hour class action against American Airlines to state court. American Airlines' 10% violation rate to determine the amount of damages is reasonable based on the complaint's "from time to time" and "policy and practice" allegations. Using this violation rate, the amount in controversy comes out to roughly $16 million, which easily clears the $5 million federal jurisdiction hurdle set by the Class Action Fairness Act.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: March 7, 2024, Case #: 3:23cv1779, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, Class Action, Labor
J. Drozd grants, in part, a bank’s motion to compel arbitration on a former worker’s wage and employment discrimination claims. The worker's minimum wage, meal break, wage statement, overtime and expense-related claims are covered by the parties' arbitration agreement.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 1, 2024, Case #: 2:22cv2320, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Labor
J. Cooper confirms an arbitration award in favor of a postal police officer's union concerning the USPS's issuance of a directive, which said postal police officers were not supposed to exercise their powers off grounds, that violated the parties' collective bargaining agreement. Upon remand, the arbitrator must "hash out the parties' differences" concerning USPS's compliance with the arbitrator's prior ruling.
Court: USDC District of Columbia, Judge: Cooper, Filed On: February 28, 2024, Case #: 1:23cv675, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Labor / Unions
J. McCalla partially grants the defendant company's summary judgment motion in this lawsuit brought by an employee alleging harassment and retaliation under the Tennessee Human Rights Act, as well as workers' compensation retaliation. Specifically, the motion is granted as to the plaintiff's workers' compensation retaliation claim. Also, the defendant coworker's summary judgment motion is denied.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: February 26, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Workers' Compensation
J. Rosenberg grants the employer's motion for summary judgment in the employee's suit alleging that she was terminated for complaining about pay disparities. The employee has not provided sufficient evidence for her claims. The emails she presents, in which she contended that women were paid less than men by her employer, are not sufficient to support the claims because they note that the employer's most highly paid senior manager was a woman, they were sent shortly after the employee received criticism about her job performance, and the employee's own words evidence that she was aware her job was at risk before she sent the emails.
Court: USDC Southern District of Florida, Judge: Rosenberg, Filed On: February 22, 2024, Case #: 9:23cv80196, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation
J. Estudillo remands the hourly employee's class action alleging that the healthcare company did not provide meal and rest periods, did not pay overtime and withheld wages. The healthcare company does not present enough evidence to prove that the employee claims that it violated Washington law 60% of the time. A 20% violation rate is more reasonable in this case based on the evidence presented, including the fact that the employee uses phrases like "at times," which implies that the alleged illegal practices did not happen consistently. Based on this 20% rate, the potential damages do not meet the $75,000 jurisdictional minimum.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 20, 2024, Case #: 3:23cv5892, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction, Class Action
J. Huff grants final approval to a $1.62 million settlement that will end class action claims accusing Verizon of failing to properly compensate its employees for overtime. The average recovery for each class member will be $1,714, with the highest payout being $4,481. The settlement agreement also provides for $25,000 in civil PAGA penalties. Class counsel is granted $541,000 in fees.
Court: USDC Southern District of California, Judge: Huff, Filed On: February 13, 2024, Case #: 3:21cv1257, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action