194 results for 'nos:"Other Labor Litigation - Labor"'.
J. McAuliffe recommends granting, in part, a group of workers’ motion for class certification of their labor claims against Amazon and others. The workers have shown typicality and commonality on certain claims, including a class pertaining to a meal period waiver, and a violation of a wage statement.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: May 26, 2023, Case #: 1:18cv120, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Walter grants Raising Cane’s motion to compel arbitration of the employees’ class action claims that the restaurant company did not pay their full wages, did not compensate their meal breaks and rest periods, and did not reimburse their necessary business expenses. The employees had access to the arbitration agreement that contains a class action waiver, and Raising Cane’s did not waive its right to arbitration when it waited until mediation completed to compel arbitration.
Court: USDC Central District of California, Judge: Walter, Filed On: May 26, 2023, Case #: 2:22cv8296, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Class Action
J. Traum denies a grocery store’s motion for summary judgment as to the employee’s negligent retention and sexual harassment claims arising from another employee’s harassing behavior. The employee made several complaints that were not followed up on, and the manager eventually told the other employee about who was making the complaint, violating the policy of anonymity. The employee has presented genuine disputes of material fact as to both her negligent retention and sexual harassment claims, as the harassment occurred frequently enough to be considered pervasive. As she has conceded her retaliation claim, summary judgment is granted the grocery on this claim only.
Court: USDC Nevada, Judge: Traum, Filed On: May 24, 2023, Case #: 2:21cv2066, NOS: Other Labor Litigation - Labor, Categories: Civil Rights, Employment Retaliation
J. Thurston denies a farm labor contractor’s motion to exclude an expert witness and decertify a class on a worker’s wage claims. Contrary to the contractor's argument, the worker's expert testimony, which is based, in part, on data submitted by the contractor, is reliable.
Court: USDC Eastern District of California, Judge: Thurston, Filed On: May 23, 2023, Case #: 1:15cv1489, NOS: Other Labor Litigation - Labor, Categories: Experts, Class Action, Labor
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J. Patricco denies in part an employer's motion for summary judgment regarding an employee's wage claims and allegations of breach of contract. There is a genuine dispute of material fact as to whether the employee's transition plan was a contract and the related Wage Claim Act claim continues.
Court: USDC Idaho, Judge: Patricco, Filed On: May 23, 2023, Case #: 1:22cv82, NOS: Other Labor Litigation - Labor, Categories: Employment
J. D’Agostino preserves a class action Fair Labor Standards Act suit against a Minnesota-based hardware parts supplier for paying its manual laborers employed at a warehouse in Schenectady on a biweekly basis instead of the required weekly basis. The court finds the litigant has standing and is entitled to liquidated damages after sufficiently alleging he suffered what the law considers is a loss in the time value of his wages, money that could have been invested, earned interest on or otherwise used.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 17, 2023, Case #: 1:22cv705, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action
J. Chhabria allows negligence claims to continue against the parent company of TikTok from two content moderators who say ByteDance did not adopt reasonable measures to mitigate their harm from having to watch disturbing content. The moderators adequately allege that ByteDance controlled their work "to such a degree that it can be held liable for its alleged negligence," even though the moderators were directly employed by other companies. The moderators plausibly claim that ByteDance required all moderators to use its proprietary software, which was defective and prevented them from escaping harmful content.
Court: USDC Northern District of California, Judge: Chhabria, Filed On: May 15, 2023, Case #: 3:22cv1883, NOS: Other Labor Litigation - Labor, Categories: Negligence
J. Jenkins grants a beauty company’s motion to remand an Illinois Biometric Information Privacy Act class action to Cook County Circuit Court. The court finds the proposed class of individuals, who had their facial geometry stolen via the beauty company’s “virtual try on” tool, have not shown they suffered the requisite $5 million in damages necessary to justify a federal suit under the Class Action Fairness Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: May 11, 2023, Case #: 1:23cv94, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Privacy, Class Action
J. Orrick grants the employer's motion to compel arbitration of all but one claim brought by its former employee related to allegations that it failed to pay non-exempt workers for time spent on Covid-19 screening before shifts. A claim brought under California's Private Attorneys General Act is not subject to arbitration, and so is stayed pending guidance from the state Supreme Court. The employee's other claims are subject to an arbitration agreement, since she has not shown that it was unenforceable.
Court: USDC Northern District of California, Judge: Orrick, Filed On: May 11, 2023, Case #: 3:23cv342, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Covid-19