20 results for 'cat:"Civil Rights" 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. Aiken dismisses the employees' state law claims alleging that the union refused to allow the employees to opt out of a joining the union. The employees do not allege that the state directed the union's allegedly unconstitutional conduct, specifically by not showing how the union did something that is traditionally the government's job or that the state encouraged this unidentified conduct.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv906, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, labor / Unions
Per curiam, the circuit finds that the district court properly dismissed claims by six public university professors alleging that state law establishing their representative union violates their free speech and association rights. Precedent foreclosed their claims since the so-called Taylor Law, which permits the unionization of public employees, only recognizes the Professional Staff Congress as their bargaining agent, even if they quit the unit over disagreement with its stand on social issues. Furthermore, a section of Taylor Law that limits union representation of non-union employees also did not violate First Amendment rights. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 18, 2024, Case #: 23-384, Categories: civil Rights, First Amendment, labor / Unions
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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
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. White finds the lower court properly granted the public school employees union's motion for summary judgment on the bus driver's civil rights claim for unauthorized withdrawal of union dues. Although the withdrawals were made after she revoked her consent and in contravention of a state law, the union was not a state actor and, therefore, cannot be held liable. Affirmed.
Court: 6th Circuit, Judge: White, Filed On: December 21, 2023, Case #: 22-4056, Categories: Civil Procedure, civil Rights, labor / Unions
J. Smith grants Tesla's petition for review, finding the National Labor Relations Board improperly found that Tesla employees had the right to wear union t-shirts rather than their uniforms while at work. The uniforms have a practical purpose in that they aid in minimizing damage to vehicles, and the National Labor Relations Act does not give the board authority to make all uniforms presumptively unlawful in favor of the employees' rights to display union affiliation. Vacated.
Court: 5th Circuit, Judge: Smith , Filed On: November 14, 2023, Case #: 22-60493, Categories: civil Rights, labor / Unions
J. Cogburn partially grants a restaurant its motion for summary judgment in this class action against it brought by current and former shift managers alleging the restaurant routinely forced them to work unpaid hours. A specific class member also claims gender discrimination based on his manager’s reprimands for his “mannerisms” as a gay man and his long acrylic fingernails, as well as the manager’s alleged refusal to pay him equally to straight staff or promote him. This member also claims he was fired for being gay. Although this member has failed to produce convincing evidence of most of sexuality discrimination claims, the restaurant has not demonstrated sufficient proof to claim summary judgment on his disparate discipline claim nor the class’s wage discrimination or wrongful discharge claims.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: October 20, 2023, Case #: 3:20cv266, NOS: Employment - Civil Rights, Categories: civil Rights, Class Action, labor
J. Kahn finds that the district court properly dismissed civil rights claims concerning continued deductions of union dues from a school bus driver's paycheck after she left two unions because Supreme Court precedent cited by the driver affected deductions from non-union members, while she willingly became a member and agreed to pay dues through a set period. Affirmed.
Court: 2nd Circuit, Judge: Kahn, Filed On: September 5, 2023, Case #: 22-2743-cv, Categories: civil Rights, labor / Unions
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. 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. 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
J. Casper denies, in part, an airline's motion to dismiss a group of pilots' claims pertaining to an employment contract that required them to repay $30,000 if they failed to work for the airline for 12 to 18 months as captain for the investment the company allegedly put into their training. The contract and unjust enrichment claims are not preempted by a collective bargaining agreement, and the pilots have adequately pleaded their claims for federal and state labor violations, violations of the Trafficking Victims Protection Act and state civil rights violations.
Court: USDC Massachusetts, Judge: Casper, Filed On: May 22, 2023, Case #: 1:22cv10649, NOS: Fair Labor Standards Act - Labor, Categories: civil Rights, labor, Aviation