195 results for 'cat:"Class Action" AND cat:"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
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
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J. Biggs grants in part a class of workers at three group homes serving children and adults with emotional and developmental health issues its request for class certification in this FLSA suit. The class claims that its employer failed to pay for time in staff meetings, training, minimum wages for all hours worked and overtime wages. Although its claims of violations of state wage laws are preempted by the FLSA, all other claims survive. Also, the class has shown that all members experienced similar violations by the employer, so certification is granted.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: September 29, 2023, Case #: 1:21cv506, NOS: Fair Labor Standards Act - Labor, Categories: 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. Barrett grants the class of logistics account executives' motion for summary judgment, ruling the evidence shows they were not exempt from the Fair Labor Standards Act and the employer was required to pay overtime because their primary job was not management of the company's business operations. Although brokering loads is essentially the core business of the employer, the account executives effectively worked as sales employees and do not fall within the administrative exception of the Act; therefore, the employer must pay liquidated damages to compensate the employees for unpaid overtime.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 26, 2023, Case #: 1:10cv649, NOS: Other Statutory Actions - Other Suits, Categories: Employment, class Action, labor
J. Brown grants a car auction company's request to join its New York-based subsidiary as a necessary party to the complaint and subsequently dismisses a tow truck driver's class action New York Labor Law complaint alleging he was paid on a biweekly basis and that the company made unlawful deductions from his pay. The court finds the vast majority of the proposed class members currently live in the state of New York; thus it declines to exercise jurisdiction over their claims under the Local Controversy Exception of the Class Action Fairness Act.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: September 21, 2023, Case #: 2:22cv1257, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, class Action, labor
J. Dooley grants Amazon's motion for summary judgment, ruling the labor claims filed by the class of warehouse employees must be dismissed because time spent in security lines before and after their shifts is not indispensable to the performance of their jobs and, therefore, is not compensable work under the Fair Labor Standards Act.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 20, 2023, Case #: 3:21cv1152, NOS: Other Labor Litigation - Labor, Categories: class Action, labor
J. Anderson finds that the individual plaintiffs have not shown that they are similarly situated for purposes of a collective action under the Fair Labor Standards Act. They will be allowed to submit "additional briefing on the decertification issues," however, in their suit over overtime pay.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: September 20, 2023, Case #: 1:19cv1106, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. D'Agostino finds in favor of the owner of a now-defunct Japanese and Chinese restaurant located in Albany and dismisses a class action and putative collective unpaid wages lawsuit brought by a group of restaurant employees. The employees did, in fact, receive wages beyond what federal law requires when including the $1,000 they each received in lodging expenses.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 19, 2023, Case #: 1:17cv148, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Trauger partially grants the employee's motion as to the issuance of "court-facilitated notice to potential plaintiffs of this collective action." The employee alleges violations of the Fair Labor Standards Act, specifically relating to the company's meal break deduction policy, and he has sufficiently presented evidence of "other similarly situated employees."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 18, 2023, Case #: 3:23cv210, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. D'Agostino refrains from conditionally certifying a putative collective and class action against Ollie's Bargain Outlet, one of the largest outlet retailers in the country, alleging its co-team leaders were improperly classified as exempt and were not paid overtime compensation. The employee fails to provide any evidence that would suggest he and other proposed members were improperly classified as exempt on a nationwide scale.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 15, 2023, Case #: 5:22cv279, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Brann grants class certification to approximately 400 Shop-Vac factory workers seeking damages under under the Worker Adjustment and Retraining Notification Act based on claims that they had been terminated without severance pay and lost health care coverage without notice when the corporation shuttered the Williamsport manufacturing plant. Employees who signed an arbitration agreement upon being re-hired by Shop-Vac's successor may join as subclass plaintiffs because they are sufficiently similar in numerosity and common interests.
Court: USDC Western District of Pennsylvania, Judge: Brann, Filed On: September 14, 2023, Case #: 4:21cv976, NOS: Other Labor Litigation - Labor, Categories: Employment, class Action, labor
J. Matsumoto adopts a magistrate judge's report and recommendation and preserves a class action lawsuit against Banana Republic, the popular clothing retailer, alleging it paid a manual laborer on a biweekly basis instead of weekly in violation of New York state labor laws. The court overrules the retailer's contentions that state law does not provide a private right of action and that the laborer failed to articulate a concrete injury for purposes of standing. The court also declined to consider a letter which purportedly granted the retailed an exemption from rule.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 14, 2023, Case #: 1:21cv6160, NOS: Other Labor Litigation - Labor, Categories: class Action, labor / Unions
J. Mizelle finds that the district court properly dismissed the detention officers' class action against the sheriff and county under the Fair Labor Standards Act alleging improper calculation of overtime wages. In his individual capacity, the sheriff is not an employer under the Act. In his official capacity, the sheriff is entitled to immunity when making compensation decisions for employees because he is an arm of the state. Affirmed.
Court: 11th Circuit, Judge: Mizelle, Filed On: September 14, 2023, Case #: 21-10162, Categories: Immunity, class Action, labor
J. Chen grants summary judgment to a Chinese noodle shop on an employee’s class action wage-and-hour claims, finding the restaurant does not qualify as an “enterprise” under the Fair Labor Standards Act. However, the employee’s retaliation claims survive.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: September 6, 2023, Case #: 1:20cv2266, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Marbley grants the exotic dancers' motion for class certification, ruling that while the tenant agreements signed by the dancers at different clubs may not be identical, they were all subject to similar employment conditions that required them to pay rent to the clubs as a condition of their employment, which satisfies commonality requirements.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 6, 2023, Case #: 2:15cv2883, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, class Action, labor
J. Kleeh grants the subsidiary mining company's motion to dismiss it from the non-union miners' class action claiming it, four other subsidiaries and the parent mining companies failed to compensate them for "off-the-clock" and overtime work beginning in April 2018. The non-union miners failed to demonstrate how the subsidiary was their joint employer, so dismissal is proper under both Rules 12(b)(1) and 12(b)(6).
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Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 1, 2023, Case #: 2:21cv8, NOS: Fair Labor Standards Act - Labor, Categories: Corporations, class Action, labor