20 results for 'cat:"Employment" AND cat:"Business Practices"'.
Upon remand, J. Barbier rules on the Fifth Circuit's question of “who, specifically” directed the closing of Louisiana's Bayou Steel plant and the illegal mass layoff of its 300 employees in 2019, without the 60-day notice required by the federal WARN Act. Black Diamond, the company that owned the private equity fund that acquired Bayou Steel, is not liable for closing the plant or terminating its employees without proper notice, merely for its decision to make additional loans to the financially troubled mill. Three directors Black Diamond installed on Bayou Steel’s board of directors apparently made the “ultimate decision” to shutter the plant once it become clear there would be no additional funding. Furthermore, the laid-off workers acknowledged Black Diamond had no legal obligation to continue lending money to the mill.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 15, 2024, Case #: 2:20cv1476, NOS: Other Labor Litigation - Labor, Categories: employment, business Practices
J. Talwani denies in part an employer’s partial motion to dismiss claims brought against it by a former employee. While the employee fails to sufficiently allege that he was an employee under the terms of the Massachusetts Wage Act in August 2022, he sufficiently supports his claim related to a $100,000 non-discretionary bonus at this stage.
Court: USDC Massachusetts, Judge: Talwani, Filed On: March 29, 2024, Case #: 1:22cv12051, NOS: Civil Rights - Habeas Corpus, Categories: employment, business Practices, Workers' Compensation
J. Barbier grants a request by a manufacturer of air conditioners and heating systems, dismissing a competitor’s state law claims of unfair trade practices arising from its hiring of a former employee who allegedly divulged the confidential details of a product produced by his former employer. The litigant HVAC company has not alleged any specific conduct by its competitor that is “immoral, unethical, unscrupulous or substantially injurious.” Instead, the claims against the competitor demonstrate the latter company’s permissible business judgment in hiring and product development.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: March 27, 2024, Case #: 2:23cv1669, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: employment, Evidence, business Practices
J. Bulsara rules on a motion for partial summary judgment and finds in favor of a female bartender on her two wage statement violation claims against a New York City gentlemen’s club, awarding her $10,000 in statutory damages. She provides enough evidence to show both that she was not provided a wage notice within her first 10 days of employment and that her wage statements failed to list basic wage information. The court preserves her remaining claims for trial.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: March 27, 2024, Case #: 1:21cv3766, NOS: Fair Labor Standards Act - Labor, Categories: employment, business Practices, Labor
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Per curiam, the appellate division finds that the lower court properly denied the plaintiff child early development business's motion for partial summary judgment on its breach of fiduciary duty and breach of good faith claims against former employees who started a rival business. It is not against the law to secretly incorporate a competitive business prior to leaving an employer, but issues of material fact remain as to whether the employees used the employer's time, facilities or proprietary secrets to do so. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: 01251, Categories: employment, Trade Secrets, business Practices
J. Lewison finds a lower court improperly dismissed a minority shareholder's unfair prejudice claims against an e- commerce technology group. The e-Commerce retail company and nine of its members argued that the minority shareholder was not entitled to bonus shares for failing to bring his claims within 6 years. However, the minority shareholder presented sufficient evidence in court that he filed his claims within the amended 12 year limitation period under section 994 of the 1980 Limitation Act. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: February 23, 2024, Case #: CA-2023-326, Categories: Corporations, employment, business Practices
J. Kleeh denies the former employee's motion to amend her wrongful discharge complaint against the window and door manufacturer in her suit claiming the company violated the West Virginia Pregnant Worker's Fairness Act when they terminated her employment two days after she requested another day off to be with her infant son. The employee's motion is "futile" since it is "devoid of any constitutional precept, statute, regulation, or judicial decision" that would bolster the plausibility of her claim the company violated the PWFA when it terminated her employment.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 1, 2024, Case #: 1:23cv30, NOS: Employment - Civil Rights, Categories: employment, business Practices, employment Discrimination
J. Swain dismisses the contract and unfair business practices claims brought against a battery manufacturer by a man who sold his lithium-ion technology business to the manufacturer, then was brought on to oversee it as an employee. He says his division was underserved and poorly integrated, and that he was pressured to resign, then not paid an acceleration payment or severance pay and other things allegedly guaranteed by his employment agreement. Because his resignation was not evidently “mutually agreed” upon, per the contract, he is not entitled to relief.
Court: USDC Southern District of New York, Judge: Swain, Filed On: January 31, 2024, Case #: 1:22cv1893, NOS: Other Contract - Contract, Categories: employment, business Practices, Contract
J. Volk grants the broadcasting company's motion for summary judgment in the former advertising executive's suit claiming disability discrimination and retaliatory discharge. The executive sued after the company terminated her employment after being on leave for the birth of her twins, then to recuperate for damage to her ureter when the babies were delivered via C-Section. There is no connection between the executive taking leave under the Family and Medical Leave Act and her later termination since the company not only allowed her to take FMLA leave "when she wanted and without issue," but also gave her an additional 12 weeks of leave once her FMLA leave expired.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: November 7, 2023, Case #: 5:22cv396, NOS: Employment - Civil Rights, Categories: Communications, business Practices, employment Retaliation
J. Ashe grants summary judgment to a Chevrolet dealership, dismissing the age discrimination claims of a 62-year-old service manager who was fired and replaced by a 41-year-old employee he trained for the position. The older worker had 14 years of managerial experience and he was certified as a master mechanic, unlike his younger replacement, who had two years of experience as service manager and no comparable training as a mechanic. However, the younger manager supervised more employees and had twice the vehicle repair volume and twice the revenues. The fact that the older manager had unrequired certifications does not in itself prove that he was clearly better qualified. He has simply not met his burden of proving that no reasonable person could have chosen the younger manager over him.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: October 3, 2023, Case #: 2:22cv1145, NOS: Employment - Civil Rights, Categories: Evidence, business Practices, employment Discrimination
J. Kleeh grants the supermarket chain's motion to dismiss the former lead store associate's employment discrimination suit claiming the firm terminated her employment on July 1, 2022, after she failed to obtain updated medical information about her ability to work without a cane after being permitted to return to work on light duty following an injury from a fall in the cooler at the Morgantown location on Nov. 17, 2021. The former associate's claim under the West Virginia Human Rights Act fails because she did not plead sufficient facts as to "how the injuries affected her abilities to perform major life activities such that she is disabled."
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 11, 2023, Case #: 1:22cv154, NOS: Family and Medical Leave Act - Labor, Categories: Tort, business Practices, employment Discrimination
J. Oldham finds the district court improperly dismissed with prejudice the Indian casino CFO’s complaint alleging that he was subject to a conspiracy to get him fired after he made an illegal severance payment to a newly elected tribal council member who previously worked at the casino but was no longer allowed to as a council member. Complaints by casino employees led to his arrest and to the suspension of his gaming license. An initial federal suit was dismissed without prejudice as barred by tribal sovereign immunity. An identical state case was removed to federal court by the tribe and dismissed with prejudice. The district court erred in holding that remanding the second case to state court would be futile because it would be barred by sovereign immunity. Reversed and remanded.
Court: 5th Circuit, Judge: Oldham , Filed On: August 16, 2023, Case #: 22-30436, Categories: Jurisdiction, business Practices, employment Retaliation
Per curiam, the Second Circuit finds that the district court properly dismissed contract and bad faith claims by former executives of United Technologies Corp. in how their stock-based performance incentive awards were valued after merger and spinoff with Raytheon. The formulas employed were reasonable and in keeping with the broad discretion given a compensation committee in making the adjustments. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 3, 2023, Case #: 22-2861-cv, Categories: employment, business Practices
J. Walker reveres the lower court’s order granting a nursing home parent company’s motion for summary judgment in its former occupational therapist’s wrongful discharge suit following his firing for having a loaded firearm in his car parked on the premises. The court finds material questions of fact remain whether the nursing home conditioned the therapist’s employment on an agreement that he would refrain from keeping his AR-15 locked inside or locked to his car while on its parking lot in violation of the Business Liability Protection Act, a 2018 law that prohibits employers from certain specific actions against someone when that person possesses a firearm legally, including as a condition of employment.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 13, 2023, Case #: 22-0094, Categories: employment, business Practices, Firearms
J. Boardman grants a construction worker his claim that his employer violated the FLSA when it did not pay him for overtime. The worker’s claims are true, so the firm and its owner owe him over $8,000 in unpaid wages. However, the owner’s wife does not own any part of the firm and so cannot be sued.
Court: USDC Maryland, Judge: Boardman, Filed On: June 5, 2023, Case #: 1:19cv2317, NOS: Fair Labor Standards Act - Labor, Categories: employment, Damages, business Practices