289 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
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
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Per curiam, the appellate division finds that the lower court properly denied the former employee's petition to annul the city's decision denying her a religious exemption from the Covid-19 vaccination requirement for all employees of the New York City Department of Education. The employee's suit is untimely, as it was not filed within four months of the Department's decision. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 24, 2023, Case #: 05360, Categories: civil Procedure, employment
J. Palafox finds a lower court erred in granting no-answer default judgment to a man who had sued his former employer, a car dealership, for alleged employment discrimination and other claims. While a process server for the man was unable to serve the car dealership’s registered agent, he instead served another person, but it is not clear the server exercised “reasonable diligence to effect personal service,” nor did he provide adequate information connecting the served defendant to the car dealership. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 16, 2023, Case #: 08-22-00187-CV, Categories: civil Procedure, Due Process, employment Discrimination
J. Polster grants the Veterans Affairs Department's motion for partial summary judgment, ruling that because the doctor failed to include a constructive discharge claim in his initial EEOC complaint or any evidence of intolerable working conditions that would have led the EEOC to investigate such a claim, he failed to exhaust his administrative remedies.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: October 13, 2023, Case #: 1:23cv507, NOS: Employment - Civil Rights, Categories: civil Procedure, employment, Health Care
J. Gardner finds that the lower court improperly dismissed as untimely the delivery driver's appeal of a finding he had been overpaid $4,900 in regular and $11,000 in pandemic unemployment benefits because he left his job voluntarily. The driver's May 25 letter should have been treated as an appeal of the division's determination, rather than as an application for review of the appeals tribunal's decision. Reversed.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: October 10, 2023, Case #: ED110938, Categories: Administrative Law, civil Procedure, employment
J. Buller finds that plaintiff was properly denied unemployment benefits after he was fired based on the suspicion that he had been using drugs while working in a safety-sensitive position because he failed to serve the grain company a copy of the petition seeking judicial review. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: September 27, 2023, Case #: 22-1691, Categories: civil Procedure, employment
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
[Modified.] J. Streeter makes more than a dozen clarifications with no change in judgment. The trial court must reconsider a motion by employees suing under the Private Attorneys General Act to intervene in a separate PAGA lawsuit in another court. Mandatory intervention is inapplicable since the movants sought intervention before a settlement was submitted from approval in the separate PAGA case. But the trial court may grant permissive intervention after considering a motion for a stay and the possibility of exclusive concurrent jurisdiction. Vacated.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: September 25, 2023, Case #: A165320, Categories: civil Procedure, employment, Jurisdiction
J. Stiglich finds that the hearing officer properly dismissed the corrections employee's appeal of a disciplinary action. The employee failed to attach the written notification of the action to the appeal form. This requirement is a procedural claim-processing rule, is not jurisdictional, and the failure to attach the written notice did not divest the hearing officer of jurisdiction. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 21, 2023, Case #: 83942, Categories: civil Procedure, employment, Jurisdiction
J. Fleming grants the postmaster general's motion to dismiss, ruling the race discrimination and retaliation claims filed by the employee were fully litigated in his first lawsuit prior to its dismissal and, therefore, are barred by res judicata.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 21, 2023, Case #: 1:21cv2144, NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination
J. Penzato finds that the trial court properly dismissed with prejudice the associate professor's suit against the university parties alleging that she suffered health issues from exposure to mold in a campus building. Since the university was entitled to summary judgment, it was proper to dismiss the suit with prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: September 21, 2023, Case #: 2023CA0076, Categories: civil Procedure, employment, Tort