195 results for 'cat:"Class Action" AND cat:"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
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J. Pepper denies the employee's renewed but incomplete motion for class certification in his lawsuit against the produce company disputing nonpayment for work done during meal breaks of less than 30 minutes. In addition to denying the company's motion to reconsider a previous ruling on class certification and ordering the employee to file another certification motion following all applicable court rules, the employee's motion for summary judgment is denied and a new briefing schedule is established to allow him and the company to file revised briefs taking into account a recent Seventh Circuit decision dealing with similar issues of payment and meal breaks. Both parties are also admonished to stop bringing superfluous motions asking to file sur-reply briefs or to strike other filings, as they are clogging up the docket and will not be granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 19, 2023, Case #: 2:20cv1802, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Mendez denies, in part, an employer’s motion to dismiss a worker’s putative class labor claims. Contrary to the employer's argument, elements such as commonality and typicality do not apply to the instant case for class certification.
Court: USDC Eastern District of California, Judge: Mendez, Filed On: June 16, 2023, Case #: 2:23cv303, NOS: Employment - Civil Rights, Categories: class Action, labor
J. Seeley finds the lower court properly granted the employer's motion for summary judgment on labor law claims filed by a class of limousine drivers. Evidence shows the drivers did not work during one-hour unpaid meal breaks and used the time for their own benefits. Although the drivers were required to stay with their vehicles and remain within two miles of their next scheduled pickups, deposition testimony indicates they were able to go to malls and offtrack betting sites, converse with other drivers, and use their cell phones to surf the internet, all of which proved the time was not compensable under the relevant labor laws. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: June 15, 2023, Case #: AC44659, Categories: Evidence, class Action, labor
J. Joseph finds partially in favor of the dancers in their class action lawsuit against the strip club and its owners bringing multiple claims under the Fair Labor Standards Act, including for failure to pay minimum wage and forced tip sharing. The dancers' motion for partial summary judgment is granted as to whether the club and owners misclassified them as independent contractors instead of employees, which is supported by the "economic reality" of their relationship with their employer. The strip club and owners' motion for summary judgment is granted as to the merits of the dancers' wage claims since, as a matter of law, they are not entitled to individual coverage because they are not "engaged in commerce" under the Act's terms, and the club is also not covered by the Act's enterprise coverage, regardless of whether it frequently serves out-of-state patrons. Given these findings, the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: June 14, 2023, Case #: 2:21cv753, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Arterton grants the employee's motion for attorney fees, ruling it was not reasonable for the employer to remove the case to this court because it was obvious from the outset any damages to the employees for unpaid wages would come nowhere close to the jurisdictional threshold of $75,000. Therefore, the case will be remanded and the employee will be awarded more than $6,000 in attorney fees.
Court: USDC Connecticut, Judge: Arterton, Filed On: June 7, 2023, Case #: 3:23cv140, NOS: Other Labor Litigation - Labor, Categories: Attorney Fees, class Action, labor
J. Dooley denies the employer's motion to dismiss putative class labor claims, ruling the 2015 rule added to the Fair Labor Standards Act to deny third-party employers certain exemptions for live-in health care workers is a reasonable interpretation of the Act. Prior to the rule, the legislation was completely silent on whether exemptions applied to third-party employers. Therefore, because the legislature followed proper procedure when it passed the rule, including a notice and comment period, it is a reasonable interpretation of the law and applies to the employer in this case.
Court: USDC Connecticut, Judge: Dooley, Filed On: June 6, 2023, Case #: 3:22cv612, NOS: Fair Labor Standards Act - Labor, Categories: Government, class Action, labor
J. Cott denies the employees' motion for conditional collective action certification in an action against the employer alleging violations of the Fair Labor Standards Act. The employees claim the employer failed to pay required overtime wages and failed to provide accurate wage statements. The employees failed to show that there are other employees who are similarly situated to them.
Court: USDC Southern District of New York, Judge: Cott, Filed On: June 5, 2023, Case #: 1:21cv4775, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Brodie denies a motion for reconsideration and reaffirms the court’s prior ruling ordering a deli counter attendant and his employer to arbitration for all claims asserted in a collective action Fair Labor Standards Act suit. The court agrees with the magistrate judge’s findings that, under Second Circuit precedent, the employee’s collective bargaining agreement signed in 2018 applies to all claims for acts that occurred both before and after the agreement was signed.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 5, 2023, Case #: 1:22cv1601, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, class Action, labor