197 results for 'cat:"Class Action" AND cat:"Labor"'.
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. Jenkins partially grants a pharmacy chain’s motion to dismiss unfair labor allegations brought by a class of call center workers who say the chain compelled them to perform unpaid labor — booting up and shutting down the call center’s computer systems — before the start and after the close of every shift. The court denies the chain’s motion to compel arbitration, finding that the arbitration clause in the workers’ contracts do not extend to the claims they allege here. The court also denies dismissal on personal jurisdiction grounds, finding it is still too early in the case to determine whether the Northern District of Illinois has that jurisdiction. However, the court does dismiss the workers’ overtime law violation allegations without prejudice, finding they have failed to state a claim but could easily do so with an amended complaint.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 18, 2023, Case #: 1:21cv5780, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, class Action, labor
J. Hall denies the employee's and employer's joint motion for entry of final judgment for one employee in a labor class action against the employer alleging violations of overtime provisions of the Fair Labor Standards Act. The employee accepted the employer's offer of judgment in the amount of $18,000 plus $3,700 in attorney fees and filed a notice of acceptance. The parties failed to submit documentation supporting their proposed attorney fees and costs. The employees' motion for conditional class certification is denied because they failed to show that other employees want to opt in to the action.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: August 16, 2023, Case #: 1:22cv70, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor
J. Douglas, in this interlocutory appeal, finds the district court properly determined that a collective action brought by “vocational therapy” rehab patients may proceed under the Fair Labor Standards Act. In lieu of being paid for the jobs they performed, patients’ wages were used to offset treatment services costs. The district court applied the correct legal standards in relying on relevant case law, appropriately concluding that the patients were employees under the FLSA and entitled to compensation collectively. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: August 16, 2023, Case #: 22-20434, Categories: Health Care, class Action, labor
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J. Nunley grants, in part, two cherry packing plant workers’ motion for class certification of their labor claims. The workers satisfy class requirements for their claim related to the automatic deduction of 30 minutes from their timecards for meal breaks, despite either not timely receiving the breaks or having them cut short.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 16, 2023, Case #: 2:20cv1096 , NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
[Consolidated] J. Wicks approves a proposed $2.3 million settlement to resolve the two remaining class action suits brought as part of a series of related actions by a group of male and female police communications operators and supervisors against Nassau County alleging they were subjected to a system of illegal employment practices in violation of state and federal labor and wage laws. The court finds the terms of the settlement to be fair and reasonable.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: August 14, 2023, Case #: 2:18cv1182, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor
J. Chuang grants a class of engineers its motion for certification after it alleged an aerospace and electronics defense firm failed to pay overtime wages. The class is awarded conditional certification as an initial part of the litigation because it has evidenced the firm’s pattern of awarding only regular hourly pay for overtime work across numerous staff in different positions.
Court: USDC Maryland, Judge: Chuang, Filed On: August 10, 2023, Case #: 8:22cv1456, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, class Action, labor
J. Boone denies an individual’s ex parte application to extend the deadline to file a reply and for leave to take depositions in her putative class labor action. Due, in part, to her delay, she fails to show that such an extraordinary remedy is warranted.
Court: USDC Eastern District of California, Judge: Boone, Filed On: August 10, 2023, Case #: 1:19cv484, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, class Action, labor
J. Cole denies the nursing staffing agency's motion to dismiss, ruling that allegations the immigrant nurses were required to work excessive overtime under the threat of liquidated damages are sufficient to establish the threat of serious harm necessary for their Trafficking Victims Protection Act claims. Meanwhile, the allegation the agency lied about the wage that would be paid to the immigrants when they arrived, both to the immigrants and immigration services, is sufficient to support the RICO claims filed by the class of nurses.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: August 9, 2023, Case #: 1:20cv313, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, class Action, labor
J. Rose denies the employer's motion to dismiss, ruling the lack of specific weeks where overtime was accrued but not paid in the class action is not fatal to the FLSA claims, which include sufficient information about the types of patient care tasks performed by the nurses during meal breaks and meet all pleading requirements.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: August 7, 2023, Case #: 3:23cv69, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, class Action, labor
J. Peterson grants the migrant worker leave to file a second amended complaint to add new defendants in his class action alleging that the construction company did not pay him overtime for construction work he performed on farms under an H-2A guestworker visa. Barring a mistake from the migrant worker to not include them, Signet Construction LLC, Signet Construction Inc. and Northridge Construction Inc. knew or should have known that they could be sued because they share corporate officers with the construction company.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: August 2, 2023, Case #: 3:21cv54, NOS: Fair Labor Standards Act - Labor, Categories: Immigration, class Action, labor
J. Strickland stays a putative labor class action alleging underpayment of wages until arbitration between the company and third-party independent contractors can conclude. While this court is “sympathetic” to the power asymmetry between the workers and the company, which contracted them through a third-party employment agency, the parties had a valid arbitration agreement and the company has “consistently indicated its intent to arbitrate.”
Court: USDC New Mexico, Judge: Strickland, Filed On: July 27, 2023, Case #: 2:20cv1166, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, class Action, labor
J. Rice denies the delivery drivers' motion for conditional class certification, ruling the lack of evidence FedEx had any control over their employment with third-party intermediary companies prevents the drivers from being grouped together as a class, especially considering FedEx did not pay them and did not have the authority to fire them.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: July 25, 2023, Case #: 3:20cv346, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Olguin grants final approval of the employee's $3.2 million settlement that will end class allegations that Southern California Edison did not pay her or other employees all wages due. The settlement will be paid out to more than 5,100 people who worked for the electric company in California from April 6, 2016, to Nov. 23, 2021, and weren't represented by a union. Class counsel receives $805,600 in attorney fees.
Court: USDC Central District of California, Judge: Olguin, Filed On: July 21, 2023, Case #: 2:20cv8023, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor
J. Durkin grants a class representative’s motion to add a new plaintiff to her privacy class action against her employer, a tortilla manufacturer. The class representative argues the firm illegally recorded and stored her and her co-workers’ fingerprints whenever they scanned their fingers to clock in or our of work, and the court finds the manufacturer has not shown how it would be unduly prejudicial to add a new named plaintiff to the suit.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: July 19, 2023, Case #: 1:22cv3943, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, class Action, labor
J. Morrison denies both parties' motions for summary judgment on unpaid overtime claims filed by the class of employees. The generalizations made by the employees about compensable work performed at the beginning and end of their shifts is insufficient to prove any violations of the FLSA, while the employer's failure to provide any evidence to rebut allegations it altered timesheets prevents judgment in its favor. Meanwhile, because the employees were governed by a contract with their employer, they cannot recover any damages for their unjust enrichment claim, which must be dismissed.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: July 10, 2023, Case #: 2:21cv1265, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, class Action, labor
J. Mays denies without prejudice a motion for approval of a collective action settlement in this case brought by a delivery driver under the Fair Labor Standards Act. The motion is unopposed, but the settlement agreement lacks a valid form of opting-in for other potential plaintiffs. Accordingly, that defect must be remedied. Additionally, dismissal is not appropriate until "all parties have opted-in."
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: July 7, 2023, Case #: 2:21cv2200, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Anderson finds in favor of Los Angeles County for the firefighter trainee’s claim that he should have been compensated for the actual time he spent in his hotel room while he participated in an 81-day training program in which trainees were housed at the County’s expense at a hotel to minimize the risk of the trainees contracting Covid-19. The trainee was free to spend his time in his hotel room on “personal pursuits,” which he did, as he admits he spent most his time in his room sleeping or playing video games. Such time is not compensable.
Court: USDC Central District of California, Judge: Anderson, Filed On: July 6, 2023, Case #: 2:21cv6059, NOS: Fair Labor Standards Act - Labor, Categories: Covid-19, class Action, labor
J. Wang partially grants the employee's motion for conditional collective certification in a class action brought against the employer alleging that it violated the Fair Labor Standards Act by failing to adequately compensate employees for time worked during meal breaks and by failing to provide bona fide, uninterrupted meal breaks to employees. The employee sufficiently showed that former and current employees were subject to the same decision, policy or plan expecting them to work during their unpaid meal breaks in certain situations. However, conditional certification is limited to the nine states in which the employer's facilities identified in the employee's motion and supporting evidence are located.
Court: USDC Colorado, Judge: Wang, Filed On: July 6, 2023, Case #: 1:21cv3033, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Gutierrez grants final approval to a $53.5 million settlement that will bring an end to the flight attendants' class action alleging that United Airlines did not list specific information on the current and former flight attendants' wage statements such as total hours worked, hourly rates and United Airlines' physical address. The average net settlement value for each class member will be approximately $3,178, which is 79% of the highest possible individual recovery, given the Labor Code's $4,000 statutory cap. United Airlines also agrees to make changes to the format of its wage statements to better comply with California law.
Court: USDC Central District of California, Judge: Gutierrez, Filed On: June 29, 2023, Case #: 2:15cv7985, NOS: Other Labor Litigation - Labor, Categories: Settlements, class Action, labor
J. Thurston grants, in part, a class action settlement of labor law and credit reporting violation claims against Five Guys. The worker demonstrates class certification is appropriate, and the $1.2 million settlement is fair, reasonable and adequate.
Court: USDC Eastern District of California, Judge: Thurston , Filed On: June 22, 2023, Case #: 1:17cv762, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, class Action, labor