29 results for 'cat:"Employment" AND cat:"Employment Retaliation" AND cat:"Labor"'.
J. Hall rules in favor of the employer in a race discrimination and retaliation action brought by the employee seeking unpaid overtime under the Fair Labor Standards Act. The employee, a Black woman, alleged her manager treated her less favorably than white employees and claimed the employer unfairly refused to promote her. The employee failed to sufficiently allege evidence of direct or circumstantial racial discrimination. The employer gave six valid business reasons for its decision not to promote the employee. The employee failed to establish individual coverage under the Act and has not shown the employer was engaged in interstate commerce for enterprise coverage.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 16, 2024, Case #: 1:23cv43, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation, labor
J. Moore grants the National Labor Relations Board's motion for enforcement of its disciplinary order against the commercial motor carrier, ruling coercive conduct from management and the short turnaround time from employees' decision to unionize and the complete shutdown of the company's Louisville facility proved anti-union animus and proved a violation of the National Labor Relations Act. The company also refused to consider any alternatives to the shutdown and threatened employees with termination for pro-union activities. While it may be costly to restart operations at the Louisville facility, restoration of the employees to their previous positions is not unduly burdensome because the company owns the majority of its equipment.
Court: 6th Circuit, Judge: Moore, Filed On: September 11, 2024, Case #: 23-1780, Categories: Evidence, employment Retaliation, labor / Unions
J. Morrison, applying a Long Island sushi restaurant’s motion to dismiss to a proposed second amended complaint, preserves a waitress’s claims for minimum wage and wage theft violations, but dismisses those same claims as it relates to a packer and receptionist worker. The court further preserves both litigants’ claims for state and federal employment retaliation, finding they successfully allege they were taken off the schedule or isolated at work upon their return from a three-month trip to Japan after they filed suit.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: August 20, 2024, Case #: 2:22cv3164, NOS: Fair Labor Standards Act - Labor, Categories: employment Retaliation, labor
J. Joseph adopts the magistrate’s recommendations, dismissing a company’s counterclaims without prejudice in a former employee’s suit for failure to pay overtime wages and retaliation. The company’s counterclaims are separable from the employee’s initial claims, and are not relevant counterclaims against his claims nonpayment and retaliation claims. In addition, this court would not be the proper jurisdiction for those claims, as they do not meet either the diversity or monetary requirements.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: August 9, 2024, Case #: 6:23cv1330, NOS: Fair Labor Standards Act - Labor, Categories: Jurisdiction, employment Retaliation, labor
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J. Dever grants a security company’s partial motion to dismiss a former employee’s state-law claims of disability discrimination and retaliation. Because his federal claims under the Americans with Disabilities Act and the state-law claims deal with the same facts and allegations, the employee cannot pursue his state law claims simultaneously. Moreover, the employee failed to provide a right-to-sue letter from the North Carolina Commissioner of Labor, and thus failed to exhaust his administrative remedies before filing a retaliation claim under state law.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 6, 2024, Case #: 5:23cv547, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation, labor
J. Frensley recommends that the defendant union's motion to dismiss be granted in this employment discrimination suit alleging discrimination and retaliation under Title VII, along with breach of the collective bargaining agreement. The pro se worker fails to state a discrimination claim against the union. There is no evidence that it failed to file a grievance "because of racial animus against him." Also, his claim under the Labor Management Relations Act is time-barred.
Court: USDC Middle District of Tennessee , Judge: Frensley, Filed On: July 1, 2024, Case #: 3:23cv1262, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation, labor / Unions
J. Goodwin denies the respective summary judgment motions of the former registered nurse and the parent company of the medical center in a retaliatory discharge suit claiming the company violated the Family and Medical Leave Act when it terminated her employment in 2022 following a string of absences due to pneumonia. In addition to determining there is a genuine issue of material fact her termination was retaliatory in nature, the court finds that the nurse informing the company of the severity of her medical condition and the anticipated duration of her leave are sufficient to trigger the company's obligations under FMLA.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: June 25, 2024, Case #: 2:23cv357, NOS: Family and Medical Leave Act - Labor, Categories: Health Care, employment Retaliation, labor
J. Kennelly partially grants a furniture retail company’s motion for summary judgment on its former shop floor supervisor’s Fair Labor Standards Act, unequal pay, retaliation, Family and Medical Leave Act interference and federal and state wage law violations claims. The former supervisor, a Black man, claims he received unequal pay compared to his white counterparts, that the the company fired him after he took FMLA leave and that he is still owed overtime. The court finds the former supervisor is an executive employee exempt from minimum wage law protections, but also concludes he has sufficiently alleged his unequal pay claim and that factual disputes make summary judgment inappropriate on his FMLA interference claim.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: June 17, 2024, Case #: 1:22cv2801, NOS: Fair Labor Standards Act - Labor, Categories: employment Discrimination, employment Retaliation, labor
J. Horton finds that the trial court improperly denied a school district's plea to the jurisdiction in claims contending an employee had been subjected to wrongful discharge for seeking worker’s compensation because the denial failed to refer to a labor code section demonstrating it is not meant to operate as a waiver of immunity for local entities of the state. The district established the trial court lacked subject matter jurisdiction over claims brought under an irrelevant labor code, and the legislature has not waived immunity for political subdivisions. Reversed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: May 23, 2024, Case #: 09-22-00424-CV, Categories: Jurisdiction, employment Retaliation, labor
J. Kness partially grants the Illinois Department of Corrections’ motion for summary judgment on an older Black employee’s claims of age and race discrimination, and retaliation for union association. The employee, who oversees several parole officers, claims his spotty disciplinary record with the department is the result of systemic ageism and anti-Black racism and departmental retaliation for his efforts to unionize his office. The court finds most of the employee’s discrimination claims either untimely or lacking sufficient evidence, but also finds there is sufficient evidence to support his claim for union activity retaliation against several specific department personnel.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: May 8, 2024, Case #: 1:18cv282, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation, labor / Unions
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
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