202 results for 'cat:"Employment" AND cat:"Class Action"'.
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
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J. Coughenour grants the employee summary judgment on the categorization of the Achievement Based Compensation plan of her class action accusing Xerox of not paying the employee's overtime wages. Xerox disputing the ABC plan's proper categorization does not account for multiple prior court rulings, including those that qualify the employee and others as hourly employees, so the ABC plan cannot be categorized as anything other than hourly pay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 13, 2024, Case #: 2:12cv717, NOS: Other Contract - Contract, Categories: employment, class Action, Contract
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
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
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. Kennelly denies a workforce management technology company’s motion for the court to reconsider its decision granting class certification to the employees of one of the company’s clients. Those employees allege, in a class action complaint, that their employer violated Illinois biometric privacy law by nonconsensually collecting their fingerprints on the technology company’s finger-scanning timeclocks. The court finds the company has offered no new reason why the court should reconsider its past ruling granting the employees class certification.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 2, 2024, Case #: 1:21cv3400, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Privacy, class Action
J. Abrams finds for IBM and dismisses a class action alleging age discrimination against age 60+ employees at an IBM spin-off company, Kyndryl. The employees cannot show that IBM is the spin-off company's "alter ego," as the companies do not operate as a single economic entity, nor does IBM exercise dominion over its spin-off. However, the class members may sue Kyndryl itself over its alleged practice of targeting older employees for layoff.
Court: USDC Southern District of New York, Judge: Abrams, Filed On: February 1, 2024, Case #: 1:23cv3962, NOS: Employment - Civil Rights, Categories: employment, class Action
J. Davila dismisses all class employment claims against Amazon from employees who say that the company's "productivity policies," which track the productivity of warehouse workers and helps the company assign productivity scores based on their performance, violate California's Fair Employment and Housing Act by unfairly targeting female employees. The claims are "insufficiently general" and don't point to a specific element or rule within the productivity policies that is discriminatory. The employees are given leave to amend to add that missing specificity.
Court: USDC Northern District of California, Judge: Davila, Filed On: January 30, 2024, Case #: 5:22cv6397, NOS: Employment - Civil Rights, Categories: employment Discrimination, class Action
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. Rubin denies a research company’s motion to transfer venue in this employment dispute brought by a class of former employees residing in various states. The class alleges termination of employment was due to refusal of the mandatory Covid-19 vaccine. “Maryland courts have not addressed the issue of where the ‘wrong’ occurs in cases of fraud, or negligent misrepresentation, when the alleged wrongful act and the alleged loss occur in separate jurisdictions.” The class fails to prove where the alleged wrongful conduct occurred. The company’s motion to dismiss is granted on all claims.
Court: USDC Maryland, Judge: Rubin, Filed On: January 29, 2024, Case #: 1:23cv53, NOS: Employment - Civil Rights, Categories: employment, Covid-19, class Action
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. Guerrero finds that the appeals court properly reinstated a representative Private Attorneys General Act complaint that the trial court had dismissed on manageability grounds. Trial courts lack the broad authority to strike claims for judicial economy reasons, as their inherent authority is limited to situations such as frivolous claims and a failure to prosecute. Also, the unique manageability requirements of class actions, which sound in equity, do not apply to Act claims, which are statutory enforcement actions that do not ask trial courts to consider superiority or the predominance of common issues. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: January 18, 2024, Case #: S274340, Categories: Civil Procedure, employment, class Action
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. Fujisaki finds that the trial court properly refused to compel arbitration of employees' individual wage and hour claims. The subject arbitration agreement is unenforceable because it impermissibly requires employees to waive their right to bring representative Private Attorneys General Act claims in all forums. And because of the agreement's nonseverability and poison pill clauses, the whole arbitration agreement is unenforceable. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: January 8, 2024, Case #: A167091, Categories: Arbitration, employment, class Action
J. Holcomb grants an employee's motion for attorney fees and costs and grants final approval of the class action settlement agreement in a wage and hour suit. The settlement is adequate, fair and reasonable. An attorney fee of 30% of the settlement award is granted, as well as $45,315 in litigation costs and $52,575 in administration costs.
Court: USDC Central District of California, Judge: Holcomb, Filed On: January 8, 2024, Case #: 8:20cv1075, NOS: Employment - Civil Rights, Categories: employment, class Action
J. Lee finds that the district court improperly denied class certification for subclasses in an employment matter concerning two employee policies which allegedly violate California law. The company applied its rest break policy inconsistently during the proposed class period. The overwhelming record evidence showed that the company consistently enforced its policy across all employees. The matter is remanded for the district court to reassess the evidence. Reversed.
Court: 9th Circuit, Judge: Lee, Filed On: January 8, 2024, Case #: 22-55522, Categories: employment, class Action
J. Tydingco-Gatewood grants class certification to a group of employees that were initially furloughed from a Guam travel company during the Covid-19 pandemic and later laid off en masse without warning, which the employees say violates the Worker Adjustment and Retraining Notification Act. The group of employees is properly numerous and have common and cohesive enough experiences to justify class certification. The lead plaintiff also does not have conflicts of interest, making him an adequate representative of the class.
Court: USDC Guam, Judge: Tydingco-Gatewood, Filed On: December 27, 2023, Case #: 1:21cv23, NOS: Other Statutory Actions - Other Suits, Categories: employment, Covid-19, class Action
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