202 results for 'cat:"Employment" AND cat:"Class Action"'.
J. Estudillo grants preliminary approval of a $2.2 million settlement in a class action accusing the telecommunications company of not paying its technicians minimum and overtime wages. The settlement is fair because the technicians and the telecommunications company engaged in discovery that involved interviewing over 100 class members, they have spoken about the settlement for years with the use of multiple mediators, and they capped the attorneys fees so that they are directly proportionate to class funds.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: September 6, 2023, Case #: 3:20cv5438, NOS: Fair Labor Standards Act - Labor, Categories: employment, Settlements, class Action
J. Jacobs finds that the district court properly held that New York City owed more than 2,500 EMTs and paramedics $17.7 million for willfully violating wage rules on overtime. Personnel who requested overtime received such, but the city, as employer, was responsible for paying for all work it required, even if the employee did not specifically ask to be compensated. Evidence of willfulness was sufficient in that the city knew plaintiffs were being required to perform tasks before and after their shifts without compensation unless requested. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: August 25, 2023, Case #: 21-2095, Categories: employment, class Action
J. Settle grants the corrosion control technician's motion to remand his class action alleging that the energy utility company has a practice of not paying its employees their full due wages. The company fails to prove that the removal was proper, as the technician only alleges violations of Washington statutes, which are not preempted by the two collective bargaining agreements that fall under federal jurisdiction. The claims only allege missed meal periods, not meal periods and rest periods as set in a prior case.
Court: USDC Western District of Washington, Judge: Settle, Filed On: August 24, 2023, Case #: 3:22cv5942, NOS: Labor/Management Relations - Labor, Categories: employment, Jurisdiction, class Action
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J. Kocoras denies both a meatpacking company’s motion to dismiss its employees’ labor claims against it, and the employees’ motion to certify a class. The named employees claim the company underpaid them for their work hours during the Covid-19 pandemic. While the court finds they have sufficiently alleged their charges to pursue them on an individual basis, it finds many of their proposed class members were made aware of a settlement in another, nearly identical case but declined to opt in. Including those who declined the first settlement in a new class, the court opines, would be a waste of judicial resources.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: August 22, 2023, Case #: 1:22cv1937, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, Labor
J. Bucklo partially grants Microsoft’s motion to dismiss a biometric privacy class action. A sales worker claims his employer captured his facial data via video data he uploaded to an application using Microsoft software, and brought multiple counts under four subsections of the Illinois Biometric Information Privacy Act. The worker’s claim under section 15(a) claim stands, but the court dismisses his 15(b) and (d) claims without prejudice for failure to state a claim.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: August 21, 2023, Case #: 1:23cv695, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Privacy, class Action
J. Scarsi grants an employer's motion to dismiss a former employee's allegations of wage and hour violations. The employee has not offered any specific factual details about the hours she worked, the amount of wages she's owed, has not alleged a specific workweek when she was denied a meal or rest break, has not stated the date of her termination or the amount of the wages she expected.
Court: USDC Central District of California, Judge: Scarsi, Filed On: August 14, 2023, Case #: 2:23cv2802, NOS: Other Labor Litigation - Labor, Categories: employment, class Action
J. Mihm grants an employee's motion to pursue representation capacity under ERISA for class claims of violations of an employee stock ownership plan. The class leader, who argued that the employer breached fiduciary duty by overpaying for stock, sufficiently showed in court that her motion is practical.
Court: USDC Central District of Illinois, Judge: Mihm, Filed On: August 11, 2023, Case #: 1:20cv1177, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, Erisa, class Action
J. Stewart finds the district properly certified the class in this suit alleging that the plan mismanaged retirement, health and welfare funds contributed through employers. The district court did not violate the Supreme Court’s statistical modelling precedent by acknowledging employees’ and contributors' plans to establish the fund’s liability using an arithmetic, formulaic method. The fund’s due process rights are sufficiently protected, and differences in damage amounts among members do not bar certification. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: August 11, 2023, Case #: 22-50368, Categories: employment, Insurance, class Action
J. Gruender finds a lower court improperly granted summary judgment to a health system on class claims of wage payment violations brought by its employees. The health system argued that it properly utilized an automated time- keeping system to record employees' in and out time. However, the class of employees sufficiently showed in court that their employer may have used an improper rounding policy, which deprived employees' compensation when they clocked in minutes before their shift began, in violation of Fair Labor Standards. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: August 11, 2023, Case #: 22-1862, Categories: employment, class Action, Contract
J. Saylor denies one of the motions for summary judgment brought by an insurance company against the individual who brought a class action against it for failure to provide cost-sharing credit for his years working for a company the insurance company acquired. While his post-retirement medical benefit was not a vested benefit and the wording of the company’s plan that he was on makes it clear he is not entitled to the cost-sharing credit he believed he was, it is unclear if the company’s representatives mislead him to believe he was entitled to that credit.
Court: USDC Massachusetts, Judge: Saylor, Filed On: August 11, 2023, Case #: 1:20cv11530, NOS: Other Statutory Actions - Other Suits, Categories: employment, Erisa, class Action
J. Bade finds that the district court improperly granted summary judgment on a prohibited-transaction claim and a duty-of-prudence claim in a class action against AT&T Services concerning contributions to an employee retirement plan. The class alleged that AT&T failed to investigate and evaluate all the compensation that the plan’s recordkeeper received from mutual funds through the brokerage account platform. However, the lower court correctly found as to compensation from the brokerage account platform. AT&T adequately reported other compensation on its form with the Department of Labor. Affirmed in part.
Court: 9th Circuit, Judge: Bade, Filed On: August 4, 2023, Case #: 21-56196, Categories: employment, class Action
J. Tunheim grants conditional certification to the employees' Fair Labor Standards Act class, finding that despite the relatively low number of class members and declarations alleging violations of overtime pay, the employees have adequately shown that they are similarly situated to the proposed class and that there is potential interest from other putative class members. The employees' motion for equitable tolling is also granted in light of a number of delays caused by negotiations between the parties.
Court: USDC Minnesota, Judge: Tunheim, Filed On: August 3, 2023, Case #: 0:21cv1796, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action
J. Seeborg grants preliminary approval to a class action settlement in a dispute over allegedly unpaid wages between a class of employees and their employer. The settlement, with a net amount of $44,040,833.33, appears fair, adequate and reasonable. Minor modifications to the class definitions, namely expanding the class period through the date of preliminary approval and a change to the definition of the class of hourly employees to specify that it includes all retail employees, do not meaningfully change this analysis.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: July 28, 2023, Case #: 3:16cv1854, NOS: Other Labor Litigation - Labor, Categories: employment, Settlements, class Action
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. Menetrez finds that the trial court erred in denying class certification of an employee's inadequate wage statement claims, as well as granting summary judgment to her employer on Private Attorneys General Act wage and rest period claims. Her time card rounding claims should have also survived. However, the trial court properly found that the employer's use of an alternative workweek schedule was not voided by its failure to make certain disclosures prior to an employee election on the schedule since the employer did not omit material information about the effects of the proposed schedule. Reversed in part.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: July 24, 2023, Case #: E072704, Categories: employment, class Action
J. Gorton partially allows the call center agents' motion for conditional certification of the putative collective in a suit against their employer for failure to pay them properly. The class can't be all of the call center agents who worked under the employer in question during a certain interval of time; it has to be narrowed to "All current and former hourly call center agents who worked for Liberty Mutual Group, Inc. and were assigned to its New Castle, Pennsylvania office at any time during the past three years."
Court: USDC Massachusetts, Judge: Gorton, Filed On: July 21, 2023, Case #: 1:22cv11687, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action
J. Aiken grants preliminary approval of a $7.35 million settlement in the hourly employees' class action accusing the health care company of unlawfully time-rounding the employees' work hours to pay them less. The net settlement fund amounts to approximately 54% of the employees' allegedly lost wages. Class members' settlement payments will be calculated proportionally based on each member's net time clock calculation.
Court: USDC Oregon, Judge: Aiken, Filed On: July 17, 2023, Case #: 6:21cv825, NOS: Other Labor Litigation - Labor, Categories: employment, Settlements, class Action