202 results for 'cat:"Employment" AND cat:"Class Action"'.
J. Battaglia grants the employees' motion to order a ship repair company to provide them with information concerning the identities of putative class members who have received settlement letters from the company and who have purportedly released their claims by signing settlement agreements checks. In order "to counteract the coercive nature of the employer-employee communications, the putative class should be explicitly instructed that they have more time to consider the officer, discuss with plaintiffs' counsel, and either complete the settlement or withdraw their prior release as they choose."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 12, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: employment, Discovery, class Action
J. Otake denies class certification to former and current Hawaiian Airlines employees who were not granted medical or religious accommodation from the airline’s Covid-19 vaccination policy. Based on the wide range of how the airline determined their accommodation status, including variations of exact job positions and work locations, evidence for potential class members would not be the same and would still require individualized assessments.
Court: USDC Hawaii, Judge: Otake, Filed On: December 11, 2023, Case #: 1:22cv532, NOS: Civil Rights - Habeas Corpus, Categories: Covid-19, employment Discrimination, class Action
J. Jacobs finds that the district court improperly denied vacatur and amendment on dismissed class employment discrimination claims concerning past felony convictions that disproportionately impact Black applicants. The court improperly dismissed the claims as untimely on grounds that plaintiffs pleaded insufficient supporting data because "granular statistical comparators" were not required at the pleading stage in disparate-impact claims. Reversed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: December 8, 2023, Case #: 22-4, Categories: employment Discrimination, class Action
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J. Hamilton finds that the district court properly imposed a communication restriction on an employer in a putative collective and class wage-and-hour action under the Fair Labor Standards Act. The lead plaintiff objected after his former employer responded to his lawsuit seeking unpaid overtime wages by trying to persuade employees to agree not to join any class action and to encourage employees to settle their claims individually. The district court found that the employer’s communications were misleading and coercive. Affirmed.
Court: 9th Circuit, Judge: Hamilton, Filed On: December 7, 2023, Case #: 22-55731, Categories: employment, class Action
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. Bress finds that the district court properly entered summary judgment for an employer in a class action in which employees who opted out of their union- and employer-sponsored health plans sued the employer and alleged that opt-out fees should be treated as part of their “regular rate” of pay for calculating overtime compensation. The opt-out fees were not part of the employees’ “regular rate” of pay. Affirmed.
Court: 9th Circuit, Judge: Bress, Filed On: November 30, 2023, Case #: 22-55663, Categories: employment, class Action
J. Olguin grants final approval of a $190,000 settlement in the hourly non-exempt driver's class action alleging that the distribution company did not pay him and other drivers their owed minimum wage, authorize pay for their meal and rest periods, or timely pay all earned wages. The settlement is fair, reasonable and adequate.
Court: USDC Central District of California, Judge: Olguin, Filed On: November 22, 2023, Case #: 2:20cv11169, NOS: Employment - Civil Rights, Categories: employment, Settlements, class Action
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
Per curiam, the circuit finds that the district court improperly denied Uber drivers limited discovery and directed them to arbitration in a class action over pay. Further discovery is required to assess whether the drivers qualify for an arbitration exemption since their work involves interstate trips.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 14, 2023, Case #: 22-98-cv, Categories: Arbitration, employment, class Action
J. Cartwright denies the healthcare company's motion to dismiss the current and former employees' failure to accommodate claim in their lawsuit alleging that the employees had to go on unpaid leave after the healthcare company rejected their religious exemption applications to the Covid-19 vaccine. The employees plausibly allege that their placement on indefinite unpaid administrative leave was an adverse employment action and not a reasonable accommodation, because the employees allege that the healthcare company could have transferred them to other positions or allowed them to use more protective equipment and measures.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: November 9, 2023, Case #: 3:22cv5960, NOS: Employment - Civil Rights, Categories: employment, Covid-19, class Action
J. McHugh finds that the lower court improperly denied class certification to a class of women who, as minors, were sent to a residential treatment center that they allege forced them into required labor and gave them "primitive" living conditions as part of their treatment. The lower court denied class certification on the grounds of not meeting the commonality, typicality, and predominance requirements, but the lower court used the incorrect legal standard in reviewing all three of those elements. The lower court also failed to discuss certain elements of its findings, such as why some factual differences defeated the typicality requirements. Further proceedings are needed as a result. Reversed.
Court: 10th Circuit, Judge: McHugh, Filed On: October 31, 2023, Case #: 22-8080, Categories: employment, Fraud, class Action
J. Donio certifies class claims contending a company failed to pay current and former assistant store managers overtime after misclassifying them as exempt because the complaint demonstrates the mangers performed similar duties, many the same as non-exempt employees. However, the proposed form of notice omits key information about employees who chose to opt into the complaint, and the "consent to join form" is inconsistent with the proposed notice.
Court: USDC New Jersey, Judge: Donio , Filed On: October 30, 2023, Case #: 1:22cv608, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, employment, class Action
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. Baker finds that the district court improperly issued an order remanding to state court an action against private contractors providing war-zone security services to the Department of Defense. The action was brought by employees who guarded bases, equipment and personnel in Iraq. The guards claim that their working conditions violated the contractors’ recruiting representations and contracts. The contractors sufficiently alleged a federal defense of compliance with the federal regulations incorporated into a Theater Wide Internal Security Services II contract between the contractors and the Department of Defense. Reversed.
Court: 9th Circuit, Judge: Baker, Filed On: October 25, 2023, Case #: 21-15261, Categories: employment, Military, class Action
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. Crawford partly grants the employee's motion for discovery in her wage-and-hour class action against Nike Retail Services. Although the employee's request for the identification of all Nike Retail employees responsible for creating work schedules for the class members is overbroad, Nike is ordered to testify about its scheduling practices generally. Nike's practices "are more germane to class certification and the merits than the specific identities of the people carrying out those practices." Nike must also identify the various codes for different wage rates it uses on class members' pay statements.
Court: USDC Southern District of California, Judge: Crawford, Filed On: October 20, 2023, Case #: 3:23cv874, NOS: Employment - Civil Rights, Categories: employment, Discovery, class Action