197 results for 'cat:"Class Action" AND cat:"Labor"'.
J. Hendricks grants the employees' motion for conditional class certification in their suit alleging that the restaurant improperly claimed a tipped credit to reduce hourly wages below the federal minimum while requiring employees to pool tips with the restaurant's owner and manager. The employees have adequately alleged that they are similarly situated and were subjected to a common, unlawful policy. Credibility questions and fact disputes raised by the employer are not sufficient to prevent class certification.
Court: USDC South Carolina Aiken, Judge: Hendricks, Filed On: February 14, 2024, Case #: 2:22cv4020, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Contreras dismisses two individuals' putative class claims against the Chair of the Equal Employment Opportunity Commission, in which they say the EEOC has failed to enforce judgments entered in their favor against the Air Force and National Guard Bureau. Contrary to their claims, the EEOC has no clear duty to act to enforce the orders, and also has no duty to refer their cases to either the attorney general or the Office of Special Counsel.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 13, 2024, Case #: 1:22cv3246, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, class Action, labor
J. Biggs denies summary judgment regarding class certification to a disability support service following allegations it failed to pay its staff minimum wage for all hours worked and overtime. The service moved for decertification of the class, but because it was previously decided that federal certification remains conditional and that, at this time, the class is sufficiently meeting the conditions, the service’s motion for summary judgment is moot.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 13, 2024, Case #: 1:21cv506, NOS: Fair Labor Standards Act - Labor, Categories: Business Practices, class Action, labor
J. Douglas grants the rehab center's petition for panel rehearing on the district court's determination a collective action may proceed under the Fair Labor Standards Act. The district court applied the incorrect legal standard assessing employee status. Furthermore, evidence that calculations could be completed on a class-wide basis by the proposed method is undeveloped, and the district court did not engage directly with the center's offset defense, as required for certification.
Court: 5th Circuit, Judge: Douglas , Filed On: February 9, 2024, Case #: 22-20434, Categories: Employment, class Action, labor
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J. Rowland denies a delivery company’s motion to dismiss a class of workers’ claims that it violated the Fair Labor Standards Act and Illinois Wage Payment and Collection Act. The court also grants the workers’ motion for conditional class certification. The class representatives claim that, from 2020 to 2022, the delivery company wrongly classified them as independent contractors to avoid providing them with the pay, protections and benefits employees enjoy. The court finds the class representatives have sufficiently alleged those claims and have shown sufficient evidence that they are among a class of similarly situated workers for the delivery company.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 7, 2024, Case #: 1:23cv1859, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Pratter grants final approval of this class action settlement between the Democratic National Committee and its workers during the 2014, 2016, 2018 and 2020 elections in this suit over underpayment of overtime wages. The $3.5 million settlement is fair and reasonable.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: February 6, 2024, Case #: 2:16cv5800, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Gonzales grants, in part, the employee's motion to compel, ruling the employer must provide class-wide timesheets and payroll records for the time period relevant to the complaint because it will allow the lead plaintiff to prove commonality and the existence of a class-wide injury.
Court: USDC New Mexico, Judge: Gonzales, Filed On: February 1, 2024, Case #: 2:23cv143, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, class Action, labor
J. Duffin partially grants the employee's motion to certify class for his lawsuit alleging the waste management company did not pay him and other garbage truck drivers proper overtime by failing to include bonuses in the overtime calculation and did not compensate them for time they spent inspecting their trucks before they clocked in for their shifts. The employee's motion for conditional certification is denied for drivers who inspected their trucks before clocking in and beginning their scheduled trips, but the motion is granted as to all drivers who received a bonus on or after October 3, 2020.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: January 29, 2024, Case #: 2:23cv504, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Reyers conditionally certifies a Fair Labor Standards Act collective action against the owners of two gas stations for unpaid wages. The litigant, a gas station attendant, sufficiently shows there are other, similarly situated employees who may have been victims of a common policy.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: January 26, 2024, Case #: 1:22cv5475, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Seybert approves in full a magistrate judge’s report and recommendation and tosses a teacher’s putative class action with claims for fraud, unpaid wages, deceptive business practices and retaliation against an online teaching platform. He alleges the platform engaged in fraud by enticing him to provide English language instruction to students living in China in order to obtain his biometric data for use in its AI technology without his knowledge or consent. The teacher’s claims against the online teaching platform are bound by his arbitration agreement and all other claims against affiliated entities are dismissed for lack of jurisdiction.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: January 25, 2024, Case #: 2:20cv6370, NOS: Other Labor Litigation - Labor, Categories: class Action, Employment Retaliation, labor
J. Hernandez partially denies Fred Meyer judgment against the employees' class action alleging that Fred Meyer's new payroll system missed their paychecks and made them late or inaccurate. Fred Meyer argues that it cannot be held liable as a matter of law because it did not intend to cause the erroneous paycheck deductions, but it still deliberately issued paychecks knowing that the payroll system was causing these erroneous deductions as Fred Meyer activated the system knowing it was not ready and would cause errors.
Court: USDC Oregon, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1800, NOS: Other Labor Litigation - Labor, Categories: class Action, labor
J. Dever denies a former Butterball turkey worker’s motion for equitable tolling in this suit he brought against Butterball for its failure to pay overtime wages. The worker claims the court delayed its rulings on Butterball’s motions to dismiss, but as the court timely ruled on those motions, he fails to prove that these circumstances were extraordinary. Also, the worker has not identified the class of his coworkers who would benefit from the relief sought.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 10, 2024, Case #: 5:20cv585, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Aiken grants the delivery driver's corrected motion for conditional certification regarding his class action accusing the Domino's Pizza franchise owner of not reimbursing the delivery drivers for gas and other automobile expenses. The delivery driver achieves conditional certification as a proposed collective for all delivery drivers employed by the franchise owner since Oct. 31, 2019, because the franchise owner's own declaration shows that he had the authority to hire and fire these employees as well as implement policies concerning them.
Court: USDC Oregon, Judge: Aiken, Filed On: January 9, 2024, Case #: 6:22cv1668, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Watson denies the employer's motion to dismiss, ruling the federal government's 1988 guidance on tipped employees, which established an 80/20 rule to determine whether an individual can be paid a tipped wage, is reasonable and can be applied to the employee's Fair Labor Standards Act claims; therefore, the employees have stated plausible claims under the Act.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: January 2, 2024, Case #: 2:23cv1316, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Fouratt grants the employees' motion for conditional class certification in a labor case, ruling that while the employer is based in Texas, this court has jurisdiction over the case because the claims presented in the complaint deal exclusively with its contracts governing New Mexico-based employees and will not include individuals who worked in Texas.
Court: USDC New Mexico, Judge: Fouratt, Filed On: January 2, 2024, Case #: 2:22cv252, NOS: Fair Labor Standards Act - Labor, Categories: Jurisdiction, class Action, labor
J. Hillman denies a freight forwarder's motion for summary judgment against its employees, who are suing it for allegedly unlawfully deducting wages from their pay. The freight forwarder can factor damages into its overall delivery rate, but not deduct damages from its employees' paychecks.
Court: USDC Massachusetts, Judge: Hillman, Filed On: December 21, 2023, Case #: 4:18cv11905, NOS: Other Contract - Contract, Categories: Employment, class Action, labor
J. Whitney denies a hauling and transportation service’s motion to dismiss allegations of violations of a federal workers’ protection law brought by a class of employees after the service laid them off then fired them. The class claims that by laying its members off then firing them, the service unfairly prohibited their access to wages, accrued paid time off, pension contributions, ERISA benefits and potential medical expenses for 60 days. The class has shown sufficient evidence for its claim.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 12, 2023, Case #: 3:23cv498, NOS: Other Labor Litigation - Labor, Categories: Erisa, class Action, labor
J. Baker denies, in part, a utility contractor’s motion to dismiss a traffic technician’s putative class labor claims and remands to superior court. The technician's claims related to minimum wages, wage statements, failure to timely pay and reimburse expenses, and unfair competition are not preempted.
Court: USDC Eastern District of California, Judge: Baker, Filed On: December 12, 2023, Case #: 1:23cv798, NOS: Labor/Management Relations - Labor, Categories: class Action, labor
J. Battaglia grants class certification as to a minimum wage, overtime, and meal break subclasses in the employees' labor action against the shipyard. Common questions predominate individualized issues in these subclasses. However, certification is denied for the two reimbursement subclasses. The employees offer no way of determining on a class-wide basis when or to what extent class members incurred unreimbursed business expenses. Each class member's claimed expenses would need to be scrutinized individually.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 6, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, class Action, labor
J. Leinenweber grants a group of delivery drivers’ motion for conditional class certification in this labor rights case. The court also grants a pair of delivery companies’ motion to strike two of the drivers’ alternative counts, and grants a motion from a trio of third-party businesses owned by the suing drivers to dismiss the delivery companies’ claim that the businesses must indemnify the delivery companies in this action. The drivers claim the delivery companies falsely classified them as contractors rather than employees in order to underpay them and shift business costs onto their individual shoulders. They allege violations of multiple states’ wage and labor laws. In retaliation, the delivery companies say the drivers’ own businesses are contractually obligated to indemnify them for any overtime pay violations. The court rejects this argument, opining it would undermine wage law and allow employers to skirt responsibility for mistreating workers. It also limits the proposed class to drivers who worked for one of the delivery companies between May 2020 and the present while classified as independent contractors, and who have since stopped working for the company.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: November 27, 2023, Case #: 1:23cv1573, NOS: Fair Labor Standards Act - Labor, Categories: Indemnification, class Action, labor