194 results for 'nos:"Other Labor Litigation - Labor"'.
J. Simmons grants Tommy Bahama's motion to compel arbitration of the employee's putative class action alleging wage violations. Although the employee, who speaks very little English, was not given a Spanish version of the arbitration agreement, Tommy Bahama's Executive Chef communicated to her in Spanish the existence and meaning of the agreement.
Court: USDC Southern District of California, Judge: Simmons, Filed On: November 29, 2023, Case #: 3:22cv1881, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Labor
J. Melgren grants a biopharmaceutical company's motion for summary concerning wrongful termination and whistleblower claims brought by a former employee. The company sufficiently showed in court that the former employee was let go for odd behavior, which included threatening to quit her job, sending inappropriate emails to colleagues, and dodging staff meetings.
Court: USDC Kansas, Judge: Melgren, Filed On: November 22, 2023, Case #: 2:22cv2238, NOS: Other Labor Litigation - Labor, Categories: Employment, Damages, Whistleblowers
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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. Nugent denies CSX's motion to dismiss, ruling that although the employee litigated an administrative claim through the Federal Railway Safety Act, she did not waive her right to bring this federal lawsuit, which was filed before the final administrative decision and as a result of CSX and its employees' failure to comply with the investigation under the Act.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: November 1, 2023, Case #: 1:23cv1043, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Employment Retaliation
J. Kindred grants the government's motion for preliminary injunction against an allegedly illegal mining operation. The mine owners refused to allow the Mine Safety and Health Administration to perform an inspection, and continued moving mining equipment. The MSHA later accessed the area via helicopter, where it was determined to be an unregistered gold mining operation. The mine owner again denied MSHA access. MSHA issued 17 citations, and the owner did not "provide evidence that the cited hazards had been abated." The government has shown that it is likely to succeed on the merits "regarding an injunction preventing miners from entering the mine site without receiving proper training first." The mine owners are enjoined from denying MSHA inspectors entry to the mine.
Court: USDC Alaska, Judge: Kindred, Filed On: November 1, 2023, Case #: 4:23cv19, NOS: Other Labor Litigation - Labor, Categories: 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. King grants Starbucks' cross-motion for expedited discovery regarding the employee's lawsuit alleging that Starbucks harassed or fired its employees for engaging in union-organizing activities. Starbucks demonstrates a need for some discovery and some of its requested discovery areas, including the depositions of those who submitted affidavits so Starbucks can explore the basis of their assertions, are reasonable.
Court: USDC Western District of Washington, Judge: King, Filed On: October 27, 2023, Case #: 2:23cv1000, NOS: Other Labor Litigation - Labor, Categories: Discovery, 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. Lopez grants Lowe's motion to arbitrate wage payment violation claims brought by a proposed class of employees. Although the employee signed a form to opt out of an agreement to arbitrate in 2017, the parties dispute whether the opt-out was valid as to the employee's 2014 employment agreement. It is undisputed that the 2014 arbitration agreement is valid and that it calls for an arbitrator to make decisions regarding arbitrability issues. Therefore, an arbitrator must determine whether the 2017 opt-out form exists, is valid and is enforceable.
Court: USDC Southern District of California, Judge: Lopez, Filed On: October 13, 2023, Case #: 3:22cv545, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment
J. Wu grants final approval of a $5.5 million settlement that will bring an end to a class action accusing T-Mobile of conducting background checks on its workers without proper authorization or disclosures, as well as other wage-and-hour violations under the California Labor Code. Class counsel seeks $1.8 million in fees, which is above the 25% benchmark set by the Ninth Circuit. Such above-benchmark fee awards are reserved for cases involving more litigation than was involved here. Class counsel is instead awarded $1.4 million in fees.
Court: USDC Central District of California, Judge: Wu, Filed On: October 3, 2023, Case #: 2:21cv2268, NOS: Other Labor Litigation - Labor, Categories: Settlements, Attorney Fees, Class Action
J. Boone approves a $252,000 PAGA settlement of a worker’s wage itemization-related claims against Starbucks. The settlement is fair, adequate and reasonable.
Court: USDC Eastern District of California, Judge: Boone, Filed On: September 29, 2023, Case #: 1:21cv746, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor
J. Fitzgerald grants final approval of an $8 million settlement that will bring an end to the employees' class action alleging that Costco did not compensate them for all working time. Class members will be paid on a pro-rata basis based on the number of days they performed work for Costco during the class period. Class counsel asks for attorney fees of $2.8 million, representing 35% of the settlement, but instead receives $2 million because an upward deviation from the 25% benchmark is not warranted here.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: September 27, 2023, Case #: 5:21cv716, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor
J. Bryan grants the U.S. Department of Labor's motion to compel discovery regarding email and text messages related to the postal worker's employment. The DOL argues that the discovery is relevant to its complaint alleging that the U.S. Postal Service fired the worker, a probationary mail carrier, for reporting a workplace shoulder injury. The emails and text messages may be relevant to show if USPS fired the worker for pretextual reasons, and conducting the discovery search is a minor inconvenience.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: September 27, 2023, Case #: 3:23cv5007, NOS: Other Labor Litigation - Labor, Categories: Employment, Discovery, Labor