207 results for 'cat:"Employment" AND cat:"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
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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
Per curiam, the appellate division finds that the lower court properly granted the employees' motion for class certification in a wage and hour suit. The employees are not obligated to arbitrate this dispute because they left their employment before a December 15 memorandum of agreement went into effect and so are not subject to its alternative dispute resolution clause. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 17, 2023, Case #: 05237, Categories: employment, class Action
J. Lohier finds that the district court improperly dismissed class unpaid overtime claims brought by restaurant employees even though their job titles contained the word "manager" because the employees' duties were non-managerial. Meanwhile, they did not have to list specific weeks in which they worked overtime to establish they regularly worked more than 40 hours a week.
Court: 2nd Circuit, Judge: Lohier, Filed On: October 16, 2023, Case #: 22-1962-cv, Categories: employment, class Action
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. Thomas dismisses a putative securities fraud class action for lack of jurisdiction due to appellant’s lack of standing. An individual filed the action under the Private Securities Litigation Reform Act of 1995, and the district court appointed Public Employees’ Retirement System of Mississippi (PERSM) as lead plaintiff. PERSM filed a first and then second amended complaint, and the district court dismissed for failure to state a claim. PERSM did not appeal.
Court: 9th Circuit, Judge: Thomas , Filed On: October 11, 2023, Case #: 22-15660, Categories: employment, Securities, class Action
J. Hartz finds that the lower court improperly denied a motion from an investigative services company seeking to compel arbitration in an overtime wages dispute with its employees. Under an "Arbitrator Decides Clause" in the relevant agreement, it is up to an arbitrator, not the court, to resolve the question of whether the employment agreement can be applied to the current dispute. The court as well incorrectly certified a class of employees in the dispute, so the class is vacated while the matter proceeds to arbitration. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: October 3, 2023, Case #: 22-1168, Categories: Arbitration, employment, class Action
J. Thompson grants in part the customer service employees’ motion for conditional class certification in this case brought against a telemarketing company under the Fair Labor Standards Act. The court will conditionally certify the case as a collective action to include current and former customer service representatives who worked remotely and at the call center facilities in the three years preceding the filing of the complaint. A joint proposal should be presented within 14 days to the court.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: September 29, 2023, Case #: 2:22cv20, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action
J. Lefkow denies the defendant financial consulting firm and freight company's motions for sanctions but mostly grants their motions for summary judgment on a class of truck drivers' wage violation, conspiracy and unjust enrichment claims. The truck drivers claim the defendant companies underpaid them by falsely listing them as contractors rather than employees, but the court finds they have not sufficiently alleged conspiracy or unjust enrichment. The wage claims stands for one of the two truck drivers representing their class, but the other is dismissed.
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: September 27, 2023, Case #: 1:19cv2277, NOS: Other Contract - Contract, Categories: employment, class Action, Contract
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. 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