10 results for 'cat:"Civil Rights" AND cat:"Employment" AND cat:"Labor"'.
J. Arterburn finds the district court properly denied the union’s motion for declaratory judgment and its application to vacate an arbitration award resulting from the labor dispute. The dispute arose from certain positions being reclassified, resulting in the employees being required to work holidays they previously had off. The arbitrator found the human services agency could change the holiday schedule if it negotiated with the union in compliance with the labor agreement. The arbitrator did not award the union's request to return to the previous holiday schedule but did specify steps to be taken before implementing the change. This is a final ruling, and the union’s assertion that the arbitrator failed to rule is without merit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 9, 2024, Case #: A-23-603, Categories: civil Rights, employment, labor / Unions
J. Gonzalez dismisses with prejudice a transit workers union from an Metropolitan Transit Authority bus driver’s employment discrimination and fair representation complaint, finding the union’s decision recommending his termination following several incidences of workplace misconduct was not done in bad faith or motivated by his race, sexual orientation or disability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 7, 2024, Case #: 1:23cv775, NOS: Employment - Civil Rights, Categories: civil Rights, employment Discrimination, labor / Unions
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J. Boyle grants summary judgment to a police department following allegations of retaliation brought by a former officer when the department fired him after he took FMLA leave. The officer, who needed to help his father after a debilitating accident, took leave for over a year then returned to work. However, someone called the department to file a complaint against the officer, who had been working as a contractor at his father’s business while on leave. The officer reportedly did poor contracting work, lied about having retired as an officer, and did not notify the department about working while using FMLA time. While the officer claims the department fired him solely because he took leave, he offers no evidence refuting the other reasons the department fired him.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 7, 2024, Case #: 5:21cv491, NOS: Employment - Civil Rights, Categories: civil Rights, employment Retaliation, labor
J. Blake grants a non-profit serving disabled adults with daily care its summary judgment following FLSA violation allegations brought by three former staff who each worked in different roles at different rates of pay. The staff members argue that the work involved across the different positions was essentially the same and should have had the same rate of pay and overtime pay. However, the nonprofit correctly demonstrates that based on significant differences in the work of the various positions, it uses a weighted average formula when calculating overtime pay.
Court: USDC Maryland, Judge: Blake, Filed On: August 16, 2023, Case #: 1:22cv731, NOS: Fair Labor Standards Act - Labor, Categories: civil Rights, employment, labor
J. Wilson finds the district court improperly granted summary judgment to the window blinds installation company in this suit brought by installers alleging that they were not paid overtime. Though the employer has identified certain weeks when each installer did not work overtime, it has not offered summary judgment evidence demonstrating that there was no unpaid overtime worked. The Fifth Circuit declines to reach the question of whether the installers were employees or independent contractors and remands the issue to the district court. Reversed and remanded.
Court: 5th Circuit, Judge: Wilson, Filed On: July 12, 2023, Case #: 22-20095, Categories: civil Rights, employment, labor
J. Yarbrough partially grants a motion to compel in a lawsuit brought by an employee alleging that his employer underpaid for overtime. While the company must provide further documents that do conform with the employee’s “discovery class definition,” some other discovery requests seem to stem from the employee’s “frustration that only a small amount of documents exist” concerning his claims, but that is not enough reason for this court to further compel when the company has already “repeatedly confirmed that it has not withheld any responsive documents.”
Court: USDC New Mexico, Judge: Yarbrough, Filed On: June 16, 2023, Case #: 1:22cv777, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, employment, labor