194 results for 'nos:"Other Labor Litigation - Labor"'.
J. Rosenthal denies, in part, three workers' motion for partial summary judgment on a hydraulic fracturing services company's affirmative defenses against their layoff-related claims. The company shows it is not precluded from asserting good faith and unforeseeable business circumstances affirmative defenses.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: September 26, 2023, Case #: 4:20cv2995 , NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Employment, Energy
J. Bolden denies UPS's motion for summary judgment, ruling that while it relied on the cardinal infraction language in its CBA with the union when it fired the injured employee, the employee's lawsuit does not require interpretation of the CBA and so her retaliation claim is not preempted by the Labor Management Relations Act.
Court: USDC Connecticut, Judge: Bolden, Filed On: September 25, 2023, Case #: 3:21cv711, NOS: Other Labor Litigation - Labor, Categories: Preemption, Employment Retaliation, Labor / Unions
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
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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. Talwani finds in favor of the employer in its former employee's lawsuit alleging that it violated the Massachusetts Wage Act and her employment contract through a windfall provision that reduced her earned sales commission. The windfall clause in the former employee's contract was not ambiguous and, in fact, defined a quantifiable way of measuring when a windfall is appropriate.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 15, 2023, Case #: 1:20cv10241, NOS: Other Labor Litigation - Labor, Categories: Employment, Contract
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. Battaglia denies a baked goods company's motion to compel arbitration concerning a class of employees' California Labor Code violations. The existing arbitration clause in their employment agreements "contains multiple unconscionable provisions that significantly hinder plaintiffs' ability to bring claims against defendant, imposes a hefty financial burden on plaintiffs alone, and excludes from arbitration those claims most likely to be brought by defendants." These circumstances "demonstrate an intent to force a weaker party into unfair arbitration."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 13, 2023, Case #: 3:22cv1269, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Class Action
J. Corley finds that Grubhub must face claims brought by a former delivery driver who says the company mislabeled him as an independent contractor and failed to pay him minimum wage, overtime pay, or fully reimburse him for job-related expenses. A prior ruling found that the employee suffered from minimum wage violations, so he is therefore considered an "aggrieved employee" who is allowed to bring a lawsuit to collect civil penalties under PAGA on behalf of himself and other current or former employees, regardless of what time period he was employed as a driver for Grubhub.
Court: USDC Northern District of California, Judge: Corley , Filed On: September 11, 2023, Case #: 3:15cv5128, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action
J. Jackson grants requests to amend a bench trial ruling in favor of a former environmental health and safety specialist for a natural gas pipeline company who prevailed at trial on state whistleblower claims alleging that he was fired in retaliation for refusing to dilute sewerage samples so his employer could pass regulatory checks. The fired whistleblower is awarded attorney fees of $272,299 and costs of $17,905. In addition, his ex-bosses must pay him treble damages on six months of lost wages for a total of $119,586, plus daily interest on the trebled award amount.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: August 31, 2023, Case #: 3:19cv50, NOS: Other Labor Litigation - Labor, Categories: Damages, Whistleblowers, Attorney Fees
J. Hsu grants an adult film company's motion to dismiss and grants an actress and model's motion to remand the remaining claim in a wage-and-hour dispute. The actress alleges that she was misclassified as an independent contractor and was not paid for all hours worked. The actress presents "generic allegations that fail to meet the plausibility pleading standard." However, she is granted leave to amend her claims with factual support. Her claim for unpaid wages under California’s Unfair Competition Law is severed and remanded to state court.
Court: USDC Central District of California, Judge: Hsu, Filed On: August 30, 2023, Case #: 2:23cv4901, NOS: Other Labor Litigation - Labor, Categories: Employment
J. Wood partially grants the department's motion to dismiss a civil rights and disability discrimination action brought by an individual arising from his DUI arrest after he failed three balance-oriented tests but registered a blood-alcohol content of zero on a breathalyzer test. The individual alleges that he was unfairly arrested due to the balance-impairing symptoms of his hydrocephalus disability. The ADA and Rehabilitation Act claims against the department for money damages are dismissed. However, the claims for declaratory and injunctive relief may move forward, as well as the civil rights claim against the police officer. The officer is not entitled to qualified immunity because he lacked arguable probable cause to arrest the individual. The commissioner's motion to dismiss is granted because the individual failed to properly serve him.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: August 28, 2023, Case #: 2:21cv107, NOS: Other Labor Litigation - Labor, Categories: Civil Rights, Ada / Rehabilitation Act
J. Meyer grants the employer's motion for summary judgment, ruling the money for lost and damaged goods taken out of the deliver drivers' paychecks is not an unlawful deduction. The removals are written into the parties' payment schedule agreement and, therefore, are a component of the calculation of the wages, not a deduction.
Court: USDC Connecticut, Judge: Meyer, Filed On: August 24, 2023, Case #: 3:19cv1896, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Sessions partially grants a motion for summary judgment concerning a class of former employees’ worker adjustment and retraining liability question. There was no evidence of fraud, so the court rejects the defense of an “unforeseen business circumstance” exception. Defendants share liability for damages and the dissolution receiver is entitled to indemnification.
Court: USDC Vermont, Judge: Sessions, Filed On: August 23, 2023, Case #: 2:21cv120, NOS: Other Labor Litigation - Labor, Categories: Fraud, Class Action, Labor
J. Alston denies the fiber optic cable company's motion to dismiss the employee's retaliation claim. The employee, who alleges he was fired for noting that the company was not complying with federal regulations when supplying cables, plausibly alleged facts that he was engaging in protected activity by pointing out the noncompliance.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: August 23, 2023, Case #: 1:22cv521, NOS: Other Labor Litigation - Labor, Categories: Employment, Whistleblowers, Employment Retaliation
J. Yarbrough denies FedEx's motion to dismiss a minimum wage case, ruling the flat rate exception to the Fair Labor Standards Act does not apply to the company's policy of paying certain package delivery employees a steady, daily wage regardless of the number of hours they work or packages they deliver. Although the package deliverers are rewarded for efficiency in the same way as flat rate employees, there is a critical distinction in that flat rate employees are paid for one task calculated to take a certain number of hours, while the number of packages delivered by the FedEx employees varies greatly from day to day.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: August 22, 2023, Case #: 1:20cv1052, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Nagala grants the employer and labor union's motions to dismiss, ruling that because the union did not employ the employee, he cannot bring any wage or employment-related claims against it. Meanwhile, the failure by the employee to file his suit within two years of the employer's alleged failure to pay overtime requires dismissal.
Court: USDC Connecticut, Judge: Nagala, Filed On: August 18, 2023, Case #: 3:22cv927, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Labor
J. Copenhaver denies the former employee’s motion to file an amended complaint in his age discrimination suit against the automotive parts manufacturer. The court finds since the employee knew on May 4 — the day the manufacturer filed its motion for summary judgment — of another potential claim, the timing of his July 27 motion for leave to amend “would lead to increased litigation costs for defendant and would further delay the resolution of this matter” because it comes only eight days before a pretrial conference and 26 days prior to trial.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: August 17, 2023, Case #: 2:22cv262, NOS: Other Labor Litigation - Labor, Categories: Discovery, Employment Discrimination, Labor
J. Grosjean denies, in part, Walmart’s motion to dismiss two individuals' class labor and wage claims. The individuals have sufficiently alleged six of their claims, including for overtime, minimum wage and rest period violations.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: August 16, 2023, Case #: 1:20cv500, NOS: Other Labor Litigation - Labor, Categories: Labor