196 results for 'cat:"Class Action" AND cat:"Labor"'.
J. Cogan dismisses an unpaid wages complaint against a company who had settled similar claims in a prior class action. The litigant, one of four class members in the class action, sought to challenge the settlement, claiming it was unfair and did not adequately represent his interests, but the court disagrees, finding he had ample opportunity to either raise objections or opt out of the settlement after notices were sent out to potential members.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: May 1, 2024, Case #: 1:23cv5165, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor
J. Ellis grants a worker’s motion to dismiss a supplemental affidavit in this class action over a home lending company’s alleged violations of the federal Worker Adjustment and Retraining Notification Act and Illinois Wage and Payment Collection Act. However, the court also dismisses the case for lack of jurisdiction. The members of the class claimed the company fired all of them with no warning and without providing backpay for accrued personal time.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: April 29, 2024, Case #: 1:23cv1839, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, class Action, labor
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J. Kennelly partially grants a rideshare company’s motion to compel arbitration against several of its drivers. The drivers wish to forward a class action against the company. They claim it wrongly classifies them as independent contractors rather than employees so as to avoid paying them higher wages and overtime, compensating business expenses and providing employee benefits. The court finds arbitration is appropriate for three of the plaintiff drivers but not for a fourth. The court also grants conditional class certification for “all drivers who have worked for Uber in Illinois during the last three years.”
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 22, 2024, Case #: 1:23cv17182, NOS: Labor/Management Relations - Labor, Categories: Arbitration, class Action, labor / Unions
J. Volk grants the coal miner's post-trial motion to file a retainer agreement under seal, and the order awarding attorneyfees and expenses in the successful class action brought against the two management and three coal companies for violations of the Worker Adjustment and Retraining Notification Act. The companies failed to provide notice to the full-time employees of the Burke Mountain Mine Complex in McDowell County of an impending lay-off of more than 50 employees in October 2019. The court amends its judgment order to include the language "This judgment applies to the 164 miners to whom Rule 23(c)(2) notice was directed, none of whom has requested exclusion, and whom the Court finds to be members of the certified class in this matter" and reflect a total award of $1,738,743, a statutory fee award of $110,992 and $45,593 in expenses, and $15,000 to the miner as class representative service fee, with an order to file an amended notice of class judgment by April 15. Additionally, the court denies the companies' renewed motion for judgment as a matter of law or in the alternative a new trial.
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: March 31, 2024, Case #: 5:20cv165, NOS: Other Labor Litigation - Labor, Categories: Employment, class Action, labor
J. Nunley grants, in part, class certification to a worker on wage and hour claims against a student loan guarantor. The worker has sufficiently supported certification for certain certain class and five subclasses.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 29, 2024, Case #: 2:21cv863 , NOS: Other Labor Litigation - Labor, Categories: Banking / Lending, class Action, labor
J. Donnell declines to enter judgment in favor of the U.S. Department of Labor on the department’s Fair Labor Standards Act complaint alleging two companies, which provide “spotholding” services for a New York energy company, willfully misclassified its employees as independent contractors to get out of paying overtime wages. The court is unable to make a determination as to whether the litigants were in fact employees or independent contractors.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:21cv57, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Dudek partially grants the employees' motion to certify a class in their proposed class action alleging failures to pay minimum and overtime wages. The employees have shown that there is a desire among other employees to opt in to their suit and that the proposed collective members are similarly situated with regard to their pay provisions and job requirements. A request for expedited discovery, seeking a complete list of people and entities the employers employed to provide security in the relevant job sites, is proper, but a request to toll the statute of limitations to run from the date this action was filed is denied since the existing statute of limitations period is not scheduled to trigger for six months and the employees have not shown that acceleration of that period is necessary.
Court: USDC Middle District of Florida, Judge: Dudek, Filed On: March 26, 2024, Case #: 2:23cv544, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Mazzant denies without prejudice the second renewed motion for notice to potential plaintiffs in a suit brought on behalf of Jason's Deli delivery drivers who allege the improper vehicle expense reimbursement rates cause their wages to fall below the federal minimum wage. The lead plaintiff has not met the "similarly situated" threshold as to the potential opt-in plaintiffs, but he will have one more opportunity to do so.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 25, 2024, Case #: 4:20cv385, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, class Action, labor
J. Marutollo conditionally certifies a Fair Labor Standards Act putative collective action against Boar’s Head, the deli meat supplier, with claims for unpaid wages and untimely wage payments. The litigant, a service support specialist employed at one of its distribution centers in Brooklyn, adequately pleaded that members of the proposed collective action are similarly situated. Boar’s Head is ordered to provide a list of all current and former hourly workers who were employed at the distribution center between August 2020 to August 2023.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: March 24, 2024, Case #: 1:23cv6333, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: class Action, labor
J. Nagala grants, in part, the deckhand's motion for conditional class certification, ruling the four employee declarations regarding the employer's refusal to compensate them for time spent moving boats to and from jobsites, which deprived them of overtime pay, are sufficient at this stage to demonstrate a workplace policy that violates the Fair Labor Standards Act.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 19, 2024, Case #: 3:23cv46, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, class Action, labor
J. Wolson grants in part a paralegal’s motion to certify a collective action against the City of Philadelphia District Attorney’s Office alleging it misclassifies paralegals as exempt under the Fair Labor Standards Act, and that they should get overtime pay. Conditional certification of her collective action is appropriate, although it is not appropriate for the court to certify it to proceed as a class action.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: March 18, 2024, Case #: 2:23cv32, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Cole denies the restaurant employees' motion for class certification, ruling that while the lead plaintiff cites his own experiences of being denied tips during the Covid-19 pandemic, his complaint says nothing about the experiences of other waitstaff and, therefore, cannot satisfy typicality or commonality requirements.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 18, 2024, Case #: 1:21cv377, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, class Action, labor