25 results for 'cat:"Employment Retaliation" AND cat:"Labor"'.
J. Sessions denies a construction and excavation business, and its board members motion to dismiss in this Fair Labor Standards Act dispute brought by the Department of Labor alleging unlawful retaliation against employees that received back wages from a settlement. The employees alleges that the board members made false and retaliatory statements on the social media platform Facebook. The DoL plausibly alleged the conduct was a retaliation threat based on coercion making it plausibly unprotected. Discovery may proceed and the Labor Department’s motion to amend is also denied.
Court: USDC Vermont, Judge: Sessions, Filed On: May 7, 2024, Case #: 2:23cv560, NOS: Fair Labor Standards Act - Labor, Categories: employment Retaliation, labor
J. Griggsby grants, in part, an employer, its member company and a labor union’s motion to dismiss this employment dispute brought by a, Black employee. The employee alleges he was refused a promotion because of his race and over the age of 40. His complaint is time-barred but there are sufficient facts to state a plausible claim against the union.
Court: USDC Maryland, Judge: Griggsby, Filed On: March 7, 2024, Case #: 1:23cv1439, NOS: Employment - Civil Rights, Categories: Employment Discrimination, employment Retaliation, labor / Unions
J. Stewart grants, in part, a healthcare service's petition for review. The labor relations board's holdings the company improperly issued an oral workplace rule and threatened an RN for disruptive behavior are not supported by substantial evidence considering the existing precedent that a rule must be communicated to multiple employees to constitute a violation. However, the board's petition for enforcement is also partially granted, as the company violated labor rules by conducting coercive investigations and unlawfully terminating the RN.
Court: 5th Circuit, Judge: Stewart , Filed On: March 7, 2024, Case #: 22-60584, Categories: Health Care, employment Retaliation, labor
J. Marbley grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's claim for liquidated damages under the Fair Labor Standards Act is barred because the underlying liability regarding overtime pay is disputed by the employer.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 20, 2024, Case #: 2:23cv1874, NOS: Fair Labor Standards Act - Labor, Categories: Damages, employment Retaliation, labor
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J. O'Connor denies, in part, a pilots' union's motion to dismiss a female pilot's discrimination action. She sufficient pleads her claims for sex discrimination and retaliation.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: February 14, 2024, Case #: 4:23cv851, NOS: Railway Labor Act - Labor, Categories: Employment Discrimination, employment Retaliation, labor / Unions
J. White finds the lower court erroneously granted the employer's motion for summary judgment on a truck driver's retaliation action. Although the contentious text message exchange that occurred shortly before the truck driver was fired dealt mainly with vacation pay, several messages could be interpreted as the driver's intent to report the employer for its refusal to reimburse him for vehicle repairs, which would qualify as proper notice under the Fair Labor Standards Act and allows his retaliation claims to proceed. Reversed.
Court: 6th Circuit, Judge: White, Filed On: February 7, 2024, Case #: 23-1145, Categories: employment Retaliation, labor
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. Saylor grants in part some Boston-area restaurants’ motion to dismiss the lawsuit brought against them by a former employee, who worked for them as a chef, for allegedly violating the Fair Labor Standards Act and Massachusetts Wage Act. While all of the restaurants were connected, possibly by sharing a website and many employees, this doesn’t mean that the chef was an employee of all of the restaurants listed and therefore not all of them should be held accountable for claims related to employment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 5, 2024, Case #: 1:22cv11867, NOS: Fair Labor Standards Act - Labor, Categories: Employment, employment Retaliation, labor
J. Seybert approves in full a magistrate judge’s report and recommendation and tosses a teacher’s putative class action with claims for fraud, unpaid wages, deceptive business practices and retaliation against an online teaching platform. He alleges the platform engaged in fraud by enticing him to provide English language instruction to students living in China in order to obtain his biometric data for use in its AI technology without his knowledge or consent. The teacher’s claims against the online teaching platform are bound by his arbitration agreement and all other claims against affiliated entities are dismissed for lack of jurisdiction.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: January 25, 2024, Case #: 2:20cv6370, NOS: Other Labor Litigation - Labor, Categories: Class Action, employment Retaliation, labor
J. Valderrama partially grants a labor union’s motion for summary judgment on one of its former business agents’ race discrimination, harassment and retaliation claims. The union fired the business agent on the basis that it discovered he had a disqualifying felony record, but the agent himself argued this was pretextual and that the actual reason he was fired was because he is Black and complained about his coworkers’ racist attitudes. The court finds there is insufficient evidence to support the agent’s race discrimination and retaliation claims, but allows his racial harassment claim to go forward.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: January 19, 2024, Case #: 119cv3351, NOS: Employment - Civil Rights, Categories: Employment Discrimination, employment Retaliation, labor / Unions
J. Land denies the employee's motion for default judgment as to the company in an employment retaliation action alleging violations of the Fair Labor Standards Act for failure to pay overtime but grants the motion with respect to the security company. The employee only properly served the amended complaint on the security company at the time of the motion for default judgment. The employee is entitled to a $24,000 judgment plus $800 in costs.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:23cv47, NOS: Fair Labor Standards Act - Labor, Categories: employment Retaliation, labor
J. Gwin denies, in part, the employer's motion to dismiss, ruling the female employee's retaliation claim is not barred by claim preclusion. Although an arbitrator ruled in her favor during proceedings with the union, the current claim is based on Title VII, an entirely separate framework.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: November 29, 2023, Case #: 5:23cv296, NOS: Employment - Civil Rights, Categories: employment Retaliation, labor / Unions
J. Sharpe denies summary judgment, in part, and preserves a former police officer’s due process and free speech retaliation claims against several public officials with the village of Chittenango in their individual capacities stemming from his termination from the force. Central to his claims is whether or not he was still on probation and considered an at-will employee when he was terminated, which the court finds remains in dispute. As well, the court finds a jury could determine that he was fired in response to complaints he made regarding the condition of his police vehicle.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: October 4, 2023, Case #: 5:19cv416, NOS: Employment - Civil Rights, Categories: employment Retaliation, labor
J. Bolden denies UPS's motion for summary judgment, ruling that while it relied on the cardinal infraction language in its CBA with the union when it fired the injured employee, the employee's lawsuit does not require interpretation of the CBA and so her retaliation claim is not preempted by the Labor Management Relations Act.
Court: USDC Connecticut, Judge: Bolden, Filed On: September 25, 2023, Case #: 3:21cv711, NOS: Other Labor Litigation - Labor, Categories: Preemption, employment Retaliation, labor / Unions
J. Traum grants a union’s motion for summary judgment in this suit brought by the former flight attendant on claims of discrimination and coercion under the Railway Labor Act after his bidding privileges for work schedule and vacation were suspended due to nonpayment of union dues or agency fees. Under the Act, unions have a statutory duty to represent nonmembers and members equally and may require payment of dues or fees as a condition of employment and may uniformly impose seniority-related penalties for nonpayment.
Court: USDC Nevada, Judge: Traum, Filed On: August 9, 2023, Case #: 2:20cv437, NOS: Other Labor Litigation - Labor, Categories: employment Retaliation, labor / Unions
J. Quereshi grants a pair of former administrative assistants and a construction firm their joint motion for approval of a settlement in this Fair Labor Standards Act suit. The case originally also included claims of gender discrimination, hostile work environment and retaliation. The parties have settled on $115,000 split between the assistants to account for lost overtime wages, damages and attorney costs and fees.
Court: USDC Maryland, Judge: Quereshi, Filed On: August 4, 2023, Case #: 8:20cv1846, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, employment Retaliation, labor
J. Drozd denies, in part, a media company’s motion to dismiss sports radio talk show host Grant Napear’s wrongful termination action, in which he alleges he was fired for tweeting “All lives matter…every single one.” He has sufficiently pleaded his claims for retaliation and wrongful termination under state labor laws.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: July 25, 2023, Case #: 2:21cv1956, NOS: Employment - Civil Rights, Categories: Employment Discrimination, employment Retaliation, labor
J. Winmill denies the inn defendants' dismissal motion in this lawsuit brought by the U.S. Department of Labor alleging that the inn constructively terminated an individual's employment after the individual spoke with a department investigator. The department asserts a retaliation claim under the Fair Labor Standards Act against the inn defendants, as well as an obstruction claim. Their dismissal motion is denied as to both claims, as the current action is not barred by a previous subpoena action.
Court: USDC Idaho, Judge: Winmill, Filed On: July 21, 2023, Case #: 4:22cv398, NOS: Fair Labor Standards Act - Labor, Categories: Employment, employment Retaliation, labor
J. Kelley denies a construction company and individual's motion for judgment as a matter of law following a jury verdict in favor of a worker who was injured when he fell from a ladder, which prompted an investigation by the Occupational Safety and Health Administration. The Secretary of Labor showed the company and individual retaliated against the employee by reporting him to immigration officials and arranging a meeting, following which the worker was arrested.
Court: USDC Massachusetts, Judge: Kelley, Filed On: June 14, 2023, Case #: 1:19cv10369, NOS: Other Labor Litigation - Labor, Categories: employment Retaliation, labor