194 results for 'cat:"Employment" AND cat:"Class Action"'.
J. Nye grants an employee's motion for reimbursement of fees and costs in a matter in which pizza delivery drivers allege their employer underpaid them and did not reimburse them for vehicle-related expenses. The employees sought contact information for former employees from the employer, but the employer alleges that it lost access to that information after changing payroll providers. The employees used publication notice to reach potential class members. The employer knew of the employees' imminent state law claims and failed to preserve the employee information in anticipation of litigation. The employees are entitled to reimbursement for the costs of the publication notice.
Court: USDC Idaho, Judge: Nye, Filed On: May 7, 2024, Case #: 1:17cv283, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action
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J. Rothstein dismisses the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant fails to state his claim because while intangible injuries like the omission of statutorily required information can be concrete, the job applicant actually alleges a technical violation because the job posting's lack of information does not harm or create a material risk of harm to any single person's concrete interest.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: April 30, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: Civil Rights, employment, class Action
J. Slaughter grants an employee's motion for preliminary approval of a class action settlement in a wage and hour suit. The adequacy of representation requirement is met, preliminary certification of the proposed settlement is proper, the settlement terms of the PAGA claim are fair, adequate, and reasonable and the proposed settlement meets notice requirements.
Court: USDC Central District of California, Judge: Slaughter, Filed On: April 26, 2024, Case #: 2:19cv7077, NOS: Fair Labor Standards Act - Labor, Categories: employment, Settlements, class Action
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. 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. Kelley denies two medical companies’ motion to dismiss a class action brought against them by an employee for alleged unpaid wages and other damages. Defendants required plaintiff to work during meal breaks and failed to pay the employee and others situated similarly a mandatory hour of premium pay per day where he was required to work during a meal break, failed to factor shift differentials into calculations of overtime pay and failed to provide accurate, itemized wage statements.
Court: USDC Massachusetts, Judge: Kelley, Filed On: March 25, 2024, Case #: 1:23cv11585, NOS: Other Labor Litigation - Labor, Categories: employment, Damages, class Action
J. Blackwell grants the nurses' motions for partial summary judgment and class certification in their suit alleging that they were misclassified as ineligible for overtime pay. The nurses, hired as "utilization reviewers" to determine whether medical treatments are necessary, are not exempt under either the administrative or learned professional overtime exemptions, and their proposed class is sufficiently numerous, their claims sufficiently common and typical, and their proposed representative plaintiff adequate.
Court: USDC Minnesota, Judge: Blackwell, Filed On: March 22, 2024, Case #: 0:21cv2283, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action
J. Aenlle-Rocha grants final approval of the settlement, bringing an end to the employees' class action accusing AT&T of not paying them all wages owed. AT&T agrees to pay a $75,500 net settlement, which is fair and adequate based on the strength of the employees' case and the extent of completed discovery.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: March 18, 2024, Case #: 2:18cv8809, NOS: Employment - Civil Rights, Categories: employment, Settlements, class Action