197 results for 'cat:"Class Action" AND cat:"Labor"'.
J. Fouratt grants the employees' motion for conditional class certification, ruling evidence indicating more than 200 individuals worked more than 40 hours per week without overtime pay satisfies typicality requirements, while modest differences between job duties among the prospective class does not prevent the use of a class action to settle the disputes collectively.
Court: USDC New Mexico, Judge: Fouratt, Filed On: November 22, 2023, Case #: 2:22cv579, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, class Action, labor
J.Wicks denies a cleaning company’s motion for a protective order against a cleaner’s counsel seeking to restrict communications with potential members of a class action over unpaid wages, finding the employer fails to argue that a single voicemail left by the counsel for one of the employer’s current employees requesting confidential information was misleading, improper or required judicial intervention.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: November 20, 2023, Case #: 2:23cv4257, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Lanza grants a class of employees' motion for preliminary certification for Fair Labor Standard Act claims brought against an appliance company. The delivery and installation employees, former and current, sufficiently showed in court that the employer underpaid them after classifying them as independent contractors without prior negotiations.
Court: USDC Arizona, Judge: Lanza, Filed On: November 17, 2023, Case #: 2:22cv798, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Merchant grants conditional certification to a Fair Labor Standards Act collective action brought against the owner of a chain of Brooklyn-based coffee shops over unlawful pay practices. The coffee chain operator tried to argue against certification by suggesting the litigant’s claims applied only to her experience as a manager and general manager. However, the litigant provided the names of several employees, including two line cooks and a barista, who all claimed they were not being paid their full wages.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: November 17, 2023, Case #: 1:23cv2675, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
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J. Staton grants the $200,000 settlement for the California’s Private Attorneys General Act claim in the employee's complaint alleging that the moving services corporation improperly classified him and other employees as independent contractors to systematically fail to pay them for overtime, rest and meal periods, and business-related expenses. Although the employee does not describe what evidence he has and does not have for his misclassification claim and the penalties associated with this claim, the PAGA settlement is fair and adequate because it is based on sufficient discovery and information and it avoids serious litigation risks.
Court: USDC Central District of California, Judge: Staton, Filed On: November 9, 2023, Case #: 8:20cv2092, NOS: Other Labor Litigation - Labor, Categories: Settlements, class Action, labor
J. Zilly grants the employee's unopposed motion for preliminary approval of a collective and class action settlement for her complaint alleging that the seafood wholesaler does not pay employees for time spent putting on and removing required gear. The proposed gross settlement amount of $600,000 did not change during renegotiations, and the employee's counsel proves that their client is unlikely to prevail on the Fair Labor Standards Act claim otherwise because the seafood wholesaler relocated its time-keeping equipment to employee locker rooms months after this litigation began.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 9, 2023, Case #: 2:21cv359, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor
J. Strickland grants, in part, the class's motion for conditional certification, ruling the worker's declaration of a uniform policy of auto-deduction of a meal break by the health care company satisfies commonality requirements and states a plausible claim under the Fair Labor Standards Act.
Court: USDC New Mexico, Judge: Strickland, Filed On: October 31, 2023, Case #: 1:23cv128, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, class Action, labor
J. Lioi grants the parties' joint motion for approval of the class-action settlement, ruling the $3.75 million will fairly and adequately compensate the employees for unpaid overtime, while the $20,000 award to the lead plaintiff adequately compensates him for his efforts in leading the litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 30, 2023, Case #: 5:22cv287, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor
J. Yarbrough denies the delivery drivers' motion for class certification, ruling their failure to put forth evidence a single representative can establish drivers worked more than 40 hours per week without overtime compensation prevents them from satisfying predominance requirements and, as a result, the case would require individualized inquiries not feasible in a class action litigation.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: October 27, 2023, Case #: 1:20cv1052, NOS: Other Labor Litigation - Labor, Categories: class Action, labor
J. Rice dismisses the registered nurse's complaint that the healthcare company did not provide meal breaks, did not pay all overtime wages and excluded higher Covid-19 pay rate into overtime pay rate calculation while she worked for Renal Care Group. The registered nurse does not sufficiently allege facts under the regulatory factor that the healthcare company was a joint employer, because she does not show that the healthcare company had the power to hire, fire, supervise or otherwise control her work and pay.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 26, 2023, Case #: 2:23cv180, NOS: Other Labor Litigation - Labor, Categories: Covid-19, class Action, labor
J. Nardacci grants final approval to a class action settlement agreement to resolve a group of maintenance workers’ unpaid wages lawsuit brought against their employer, a property management company. The employer agrees to pay $175,000, plus a $7,500 service fee and $57,750 in attorney fees, to settle claims that it failed to pay their workers’ straight time wages and overtime compensation.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: October 25, 2023, Case #: 5:22cv207, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Boyle grants a class of migrant farm workers’ motion for certification in this Fair Labor Standards Act suit against their employers, which allegedly did not pay for their temporary work visas, travel or the wage agreed upon for hours worked, and the employers allegedly confiscated the workers’ Social Security cards and passports. The class members have shown sufficient evidence of the employers’ violations of Act and are also granted their motion for disclosure of contact information of potential opt-in class members.
Court: USDC Western District of North Carolina, Judge: Boyle, Filed On: October 25, 2023, Case #: 5:22cv491, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Pechman finds in favor of the manufacturing company against the employee's class action complaint that the company and Fluke Manufacturing Corporation did not pay its employees for overtime despite requiring them to work over 40 hours per week. The employee's Fair Labor Standards Act and Washington Minimum Wage Act claims cannot proceed because her duties fall under the purchasing category and relate to the manufacturing company's general business operations, meaning that she is exempt under the FLSA and thus is not entitled to overtime.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: October 23, 2023, Case #: 2:22cv1241, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Wu grants final approval of the $142,500 settlement for the employee's lawsuit alleging that the construction company did not pay its employees overtime wages. The settlement is fair because the overall settlement is close to the valuation of the claims presented under Virgin Islands law, which make up the majority of the original $148,000 exposure model, and it is more than the employees could expect to receive under the Fair Labor Standards Act.
Court: USDC Central District of California, Judge: Wu, Filed On: October 20, 2023, Case #: 2:21cv7533, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor
J. Cogburn partially grants a restaurant its motion for summary judgment in this class action against it brought by current and former shift managers alleging the restaurant routinely forced them to work unpaid hours. A specific class member also claims gender discrimination based on his manager’s reprimands for his “mannerisms” as a gay man and his long acrylic fingernails, as well as the manager’s alleged refusal to pay him equally to straight staff or promote him. This member also claims he was fired for being gay. Although this member has failed to produce convincing evidence of most of sexuality discrimination claims, the restaurant has not demonstrated sufficient proof to claim summary judgment on his disparate discipline claim nor the class’s wage discrimination or wrongful discharge claims.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: October 20, 2023, Case #: 3:20cv266, NOS: Employment - Civil Rights, Categories: Civil Rights, class Action, labor
J. Conrad grants members of a class of employees its settlement for Coca-Cola’s failure to pay them after payroll software company Kronos was hacked and offline for over two months in 2021 and 2022. The settlement and attorney fees and costs motions are unopposed and, therefore, granted.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: October 18, 2023, Case #: 3:22cv214, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, class Action, labor
J. Morrison denies the employer's motion for reconsideration, ruling discovery was not required prior to ruling on the employee's motion for conditional class certification, which was supported by sufficient evidence in the complaint.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 17, 2023, Case #: 2:22cv4389, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, class Action, labor
J. Pepper grants the caregiver and assisted living facility's motion for preliminary approval of a collective and class settlement in the caregiver's lawsuit seeking unpaid overtime wages. The proposed collective and class of employees who received bonuses and worked overtime between January 26, 2019, and December 29, 2021, are certified, and the proposed settlement of at most $48,827 plus another $42,311 comprising a service award and attorney fees is preliminarily approved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 17, 2023, Case #: 2:21cv108, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor
J. Bucklo grants an exotic dancer’s motion to dismiss breach of contract and specific performance counterclaims, which her former employer, a strip club, has brought against her. The court also denies the strip club’s motion to remove the exotic dancer as the representative of the putative class pursuing this labor action against it. The dancer, speaking for her class, claims the club wrongly classifies its workers as contractors rather than employees in order to deny them fair pay and benefits, and forces them to hand over a portion of the tips they earn on the job. The club countered that the dancers breached their contracts by failing to accurately record all their tips, but the court finds the club has not shown it has suffered any material harm from this alleged omission. The court also finds the club has not put forward a sufficient reason to exclude the dancer as her class representative.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: October 13, 2023, Case #: 1:20cv5321, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Lioi grants, in part, the parties' motion for approval of the class action settlement, ruling the single $500 payment to each of the call center employees will adequately compensate them for previously unpaid work performed at the beginning of their shifts and will also avoid protracted litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 13, 2023, Case #: 5:23cv86, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor