30 results for 'cat:"Discovery" AND cat:"Labor"'.
J. Pechman grants the petition of Julie Su, Acting Secretary of Labor of U.S. Department of Labor, to enforce an administrative subpoena seeking information about the amounts paid to various Amazon officers, managers and supervisors in 2021 to 2022 to go to Staten Island, New York to convince Amazon employees not to unionize. The information about the names and job positions are relevant to the investigation, because that will help determine if these individuals acted outside their normal job duties or if they acted in their individual capacities.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 24, 2024, Case #: 2:24cv270, NOS: Other Statutory Actions - Other Suits, Categories: discovery, labor / Unions
J. Wicks denies a contractor’s motion to reopen discovery and further grants in part the Department of Labor’s motion for a protective order in this lawsuit seeking an order preventing the contractor from impeding the government’s investigation into alleged labor law violations. The courts concludes that reopening discovery to obtain a notice provided by the Department of Labor bestowing certain benefits to its employees if they act as confidential witnesses, which the defense claims creates a credibility issue, would deter potential witnesses from participating in the case and prejudice the case against the department.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:21cv5697, NOS: Fair Labor Standards Act - Labor, Categories: discovery, labor
J. Cho grants Starbucks’ motion to compel and orders several non-parties to respond to several subpoenas that seek information regarding the level of support for union representation among employees at a New York location after one employee was allegedly fired in retaliation for her union activities, which is the subject of the complaint against the coffee chain. The court further denies the National Labor Relation Board’s motion to stay the case.
Court: USDC Eastern District of New York, Judge: Cho, Filed On: March 29, 2024, Case #: 1:22cv7255, NOS: Labor/Management Relations - Labor, Categories: discovery, labor / Unions
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. King partially denies the labor union's motion to stop the general contractor from deposing Local 174 officer Rick Hicks in the contractor's complaint alleging that the labor union caused monetary damages when it initiated a strike in five of the general contractor's work sites. The labor union argues that Hicks should not be deposed because he is a “high-ranking officer” with the Local 174 and “has no unique, personal knowledge of any fact material to this case that is not also available from a less intrusive source," but the general contractor is entitled to question Hicks about his June 17, 2022 letter encouraging some drivers not to cross the picket lines.
Court: USDC Western District of Washington, Judge: King, Filed On: March 18, 2024, Case #: 2:22cv1631, NOS: Labor/Management Relations - Labor, Categories: discovery, labor / Unions
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J. Gonzales grants, in part, the employee's motion to compel, ruling the employer must provide class-wide timesheets and payroll records for the time period relevant to the complaint because it will allow the lead plaintiff to prove commonality and the existence of a class-wide injury.
Court: USDC New Mexico, Judge: Gonzales, Filed On: February 1, 2024, Case #: 2:23cv143, NOS: Fair Labor Standards Act - Labor, Categories: discovery, Class Action, labor
J. Grosjean grants, in part, an employee’s motion to compel in her contract and labor case against a school district. The district, which merely restated its responses to certain requests for admissions, must respond with an admission, denial, or reason why it cannot admit or deny it.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 17, 2024, Case #: 1:21cv500, NOS: Fair Labor Standards Act - Labor, Categories: discovery, Contract, labor
J. King grants Starbucks' cross-motion for expedited discovery regarding the employee's lawsuit alleging that Starbucks harassed or fired its employees for engaging in union-organizing activities. Starbucks demonstrates a need for some discovery and some of its requested discovery areas, including the depositions of those who submitted affidavits so Starbucks can explore the basis of their assertions, are reasonable.
Court: USDC Western District of Washington, Judge: King, Filed On: October 27, 2023, Case #: 2:23cv1000, NOS: Other Labor Litigation - Labor, Categories: discovery, labor
J. Zainey declines to dismiss the employees' collective action complaint accusing the employer of denying them overtime compensation. The employer, which is a carrier by air, argues that the employees are exempt from the overtime requirements of the Fair Labor Standards Act due to the applicability of Title II of the Railway Labor Act. The basis for the employer's affirmative defense is not found on the face of the employees' complaint. At this stage in litigation, the employer cannot interject "extraneous evidence" to support its affirmative defense prior to the start of discovery.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: October 23, 2023, Case #: 2:23cv2674, NOS: Fair Labor Standards Act - Labor, Categories: Employment, discovery, labor
J. Morrison denies the employer's motion for reconsideration, ruling discovery was not required prior to ruling on the employee's motion for conditional class certification, which was supported by sufficient evidence in the complaint.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 17, 2023, Case #: 2:22cv4389, NOS: Fair Labor Standards Act - Labor, Categories: discovery, Class Action, labor
J. Bryan grants the U.S. Department of Labor's motion to compel discovery regarding email and text messages related to the postal worker's employment. The DOL argues that the discovery is relevant to its complaint alleging that the U.S. Postal Service fired the worker, a probationary mail carrier, for reporting a workplace shoulder injury. The emails and text messages may be relevant to show if USPS fired the worker for pretextual reasons, and conducting the discovery search is a minor inconvenience.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: September 27, 2023, Case #: 3:23cv5007, NOS: Other Labor Litigation - Labor, Categories: Employment, discovery, labor
J. Dancks rules on a total of seven motions in limine on a Fair Labor Standards unpaid overtime compensation lawsuit brought by the head of the women’s basketball team at Mohawk Valley Community College. Among the rulings, counsel for the community college is precluded from introducing at trial evidence regarding the former coach’s termination, while the litigant is precluded from presenting evidence detailing how much he earned in 2017 and 2018.
Court: USDC Northern District of New York, Judge: Dancks, Filed On: August 17, 2023, Case #: 6:18cv1268, NOS: Fair Labor Standards Act - Labor, Categories: Education, discovery, labor
J. Copenhaver denies the former employee’s motion to file an amended complaint in his age discrimination suit against the automotive parts manufacturer. The court finds since the employee knew on May 4 — the day the manufacturer filed its motion for summary judgment — of another potential claim, the timing of his July 27 motion for leave to amend “would lead to increased litigation costs for defendant and would further delay the resolution of this matter” because it comes only eight days before a pretrial conference and 26 days prior to trial.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: August 17, 2023, Case #: 2:22cv262, NOS: Other Labor Litigation - Labor, Categories: discovery, Employment Discrimination, labor
J. Lamberth grants, in part, a union's discovery motion regarding labor- and wage-related information from the postal service. Limited discovery on requests for position, location, base salary and overtime pay data, along with positions that are excluded from representation, will be allowed, as ultra vires review under the Postal Reorganization Act is not restricted to the administrative record.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: August 15, 2023, Case #: 1:19cv2236, NOS: Other Statutory Actions - Other Suits, Categories: Government, discovery, labor / Unions
J. Burgess grants in part the union's motion to compel regarding a company's allegations of unfair labor practices. The company alleges that the union threatened the company in order to coerce it to assign work to one union over another. The company has not shown that privilege applies to all documents that is has withheld. The company "is ordered to review all documents with respect to which it is currently asserting the common-interest exception to privilege waiver, and to produce any of those documents to which this doctrine does not apply."
Court: USDC Alaska, Judge: Burgess, Filed On: June 29, 2023, Case #: 3:20cv108, NOS: Labor/Management Relations - Labor, Categories: discovery, labor / Unions
J. Jones grants, in part, Butterball's motion for a protective order in a labor action. The worker's phase 1 broad discovery requests will be limited to only information regarding himself and the one opt-in plaintiff.
Court: USDC Eastern District of North Carolina, Judge: Jones, Filed On: June 21, 2023, Case #: 5:20CV585, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, discovery, labor
J. Robertson grants, in part, two individuals' motion to compel FedEx to produce documents in their class labor action. FedEx fails to show the production of certain compliance documents is unduly burdensome, while the production of driver disqualification documents for an additional 100 opt-ins is relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 22, 2023, Case #: 3:17cv30116, NOS: Fair Labor Standards Act - Labor, Categories: discovery, Class Action, labor
J. Meerveld, ruling on a mix of procedural issues in a labor dispute, denies requests by exotic dancers to decide “ultimate legal conclusions” central to their claims against the owners of several “gentlemen’s clubs.” For example, the dancers ask that the club owners admit that they were employees, not “independent contractors,” as the clubs argue. The court declines to decide “such a core issue” based on procedural grounds.
Court: USDC Eastern District of Louisiana , Judge: Meerveld, Filed On: May 15, 2023, Case #: 2:20cv2764, NOS: Fair Labor Standards Act - Labor, Categories: Employment, discovery, labor
J. Hightower partially grants a motion to compel discovery filed by a bus company after it was sued by a driver in a collective action alleging that the company “failed to pay him and other similarly situated bus drivers overtime compensation.” The company proposed a settlement agreement, but those efforts ultimately fell apart, prompting the company to seek discovery on discussions about that proposal. While some of the information sought by the bus company is discoverable, other information is “protected by attorney-client privilege” or not relevant, and the company is not entitled to sanctions.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: May 15, 2023, Case #: 1:21cv349, NOS: Fair Labor Standards Act - Labor, Categories: discovery, Class Action, labor