194 results for 'nos:"Other Labor Litigation - Labor"'.
J. Watters denies the employer summary judgment on the employee's wrongful discharge claim alleging that he was fired without good cause. The company says he was fired for giving out an improper loan, but at this stage, there remain genuine disputes over whether the firing was pretextual and how many people knew about the alleged improper loan.
Court: USDC Montana, Judge: Watters, Filed On: January 30, 2024, Case #: 1:22cv52, NOS: Other Labor Litigation - Labor, Categories: Employment
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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. Borman denies an employee's request to produce copies of interviews or recordings that were taken by a law firm during a pre-lawsuit investigation into the employer, after which the employee filed a discrimination suit, because attorney-client privilege and work product doctrine preclude the firm from producing the information.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: January 23, 2024, Case #: 2:22cv11145, NOS: Other Labor Litigation - Labor, Categories: Discovery, Privilege, Employment Discrimination
J. Carney grants the delivery driver's counsel $191,300 in attorney fees for representing the delivery driver in his class action accusing the landscape supply company of not paying him and other employees their overtime wages, bonuses, incentives and commissions. The delivery driver's counsel requests attorney fees equal to one-third of the gross settlement amount, or approximately $266,600, but while the counsel performed adequately, they did not perform exceptionally in the straightforward wage violation case.
Court: USDC Central District of California, Judge: Carney, Filed On: January 22, 2024, Case #: 8:21cv1834, NOS: Other Labor Litigation - Labor, Categories: Settlements, Attorney Fees, Class Action
J. Nye grants a college's motion for summary judgment regarding an instructor's allegations of constructive discharge and violation of the covenant of good faith and fair dealing. The instructor submitted a letter stating concerns that several dental hygiene students had failed their board exams and that another was passed without knowing how to properly give injections. The college's investigation determined that the instructor had not shown any policy violations or shown evidence of retaliation when his supervisor enforced policy or gave him a different course to teach prior to filing his letter of concern.
Court: USDC Idaho, Judge: Nye, Filed On: January 16, 2024, Case #: 1:22cv62, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Discrimination
J. Lanza partly grants a former U.S. Human Rights Network executive director's motion for attorney's fees following her termination. The executive director sufficiently showed in court that the network may have misclassified her role as an independent contractor, but failed to show that she was entitled to sanctions to stop her employer's representation from publicly smearing her name.
Court: USDC Arizona, Judge: Lanza, Filed On: January 12, 2024, Case #: 2:20cv757, NOS: Other Labor Litigation - Labor, Categories: Employment, Sanctions, Attorney Fees
J. Montenegro partly rules that an employee, 58, may pursue Fair Employment and Housing Act claims against Walmart. Although some of his claims are time-barred, his claims based on discrete acts occurring after March 12, 2021, are still timely. These include allegations that he was not offered FMLA leave when he needed to take it for his mental health and that he was moved to a less desirable position when he returned to work after a leave of absence.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: January 4, 2024, Case #: 3:23cv1368, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Wright denies in part an employer's motion to dismiss an employee's allegations of quid pro quo harassment, hostile environment harassment and wrongful termination. The employee alleges that as CEO, she "was subjected to verbally abusive and denigrating behavior" and was fired before her equity could vest. Venue is proper, as the employee was residing in California during the alleged harassment, retaliation and wrongful termination. The employee's claims for quid pro quo harassment and hostile environment harassment continue.
Court: USDC Central District of California, Judge: Wright, Filed On: January 3, 2024, Case #: 2:23cv4320, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation
J. Bryan partially grants Acting Secretary of Labor Julie Su's motion for sanctions for spoliation of evidence regarding her complaint that USPS fired a probationary employee for reporting a workplace injury. USPS should expand its search for certain emails and text messages of all supervisors and managers within a certain district. Furthermore, negative inferences will be drawn against USPS regarding the content of lost electronic communications and whether the USPS's proffered "poor performance" justification for the firing was pretext.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 2, 2024, Case #: 3:23cv5007, NOS: Other Labor Litigation - Labor, Categories: Employment, Sanctions, Discovery
J. Newman recommends denying, in part, a transport company’s motion to dismiss a truck driver’s employment retaliation and related claims. He has sufficiently pleaded his claims for failure to provide reasonable accommodations, leave retaliation, breach of implied-in-fact contract, and negligent hiring, supervision and retention.
Court: USDC Eastern District of California, Judge: Newman, Filed On: December 20, 2023, Case #: 2:23cv311, NOS: Other Labor Litigation - Labor, Categories: Employment, Transportation, Contract
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. Ho grants the former Kuwaiti attache's motion to dismiss trafficking claims but denies his wife's motion to dismiss the same claims based on their employment of a housekeeper. The Hague Convention does not apply in this case because the attache's address is unknown and the housekeeper exercised reasonable diligence in searching for his and his wife's physical addresses. The housekeeper's proposed alternative service, namely service by personal email, Facebook, text, and WhatsApp comply with due process.
Court: USDC Southern District of New York, Judge: Ho, Filed On: December 8, 2023, Case #: 1:23cv321, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Civil Rights, Due Process