77 results for 'cat:"Employment" AND cat:"Damages"'.
J. Chapman finds that the lower court properly found for an employee on disability discrimination and retaliation claims against the city and awarded her $500,000 plus $278,000 in back pay. The city failed to establish that the trial court abused its discretion in declining to apply judicial estoppel based on the employee's Social Security disability proceedings to prevent her from testifying that she could work with a reasonable accommodation. Further, the city's challenge to the jury instructions "inexplicably" fails to even mention the court's application of a damages cap on the jury award, which reduced the damages by over $1 million. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: April 30, 2024, Case #: WD85851, Categories: Ada / Rehabilitation Act, damages, employment Discrimination
J. Estudillo amends the employee's judgment to $5,400 in economic damages for her complaint alleging that the supervisor and the city did not prove her promotional opportunities and fired her because of her gender. The supervisor and the city agree with the employee's contention that the parties stipulated to economic damages if the jury found liability for the retaliation claim, which they did.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: April 23, 2024, Case #: 3:19cv5002, NOS: Employment - Civil Rights, Categories: Civil Rights, employment, damages
J. Campbell enters a default judgment against a transitional home staffing service in the amount of $90,000 for unpaid wages and overtime. The staffing service failed to respond to an employee's allegations that it misclassified her as an independent contractor and failed to pay her for overtime when she worked 16 hours a day, 7 days a week as a sober home manager.
Court: USDC Arizona, Judge: Campbell, Filed On: April 23, 2024, Case #: 2:23cv1882, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages
J. Peterson enters default judgment in favor of an employee. An employee alleges her employer fired her because she became pregnant and did not want to allow her to take medical leave. Because the the employer failed to appear or respond to the complaint, and because the employee has made plausible claims, the instant court finds in favor of the employee awarding her $150,176 in damages, as well as attorney fees and costs.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 18, 2024, Case #: 23cv442, NOS: Employment - Civil Rights, Categories: employment, damages, employment Retaliation
J. Summerhays awards $248,000 to a deckhand on a shrimp boat against the vessel’s owner for injuries sustained in an allision. The employer deliberately failed to investigate the seaman’s injury claim that the captain of the boat had been drinking and the vessel was traveling at approximately 40 mph when it struck an oil platform. The employer also failed to respond to the injured seaman’s suit and “callously” failed to provide the injured deckhand with medical benefits and living expenses during his recovery.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: April 18, 2024, Case #: 6:19cv1442, NOS: Marine - Contract, Categories: employment, Maritime, damages
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J. Seybert grants a construction worker’s motion for reconsideration, but again finds he lacks standing to bring claims for wage statement and notice violations against his employer under the Wage Theft Prevention Act. The court subsequently enters default judgment in his favor on his unpaid regular and overtime wages claims and awards him $17,217 in unpaid wages, plus that amount in liquidated damages, as well as pre- and post-judgment interest.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: April 16, 2024, Case #: 2:21cv4959, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages, Labor
J. Chou finds that the trial court properly faulted an employer for breaching an employment contract's stock option provision. But the $4.3 million damages award was miscalculated since it measured the employee's damages from the date of the breach without factoring in what the parties "reasonably contemplated" when forming their contract. The calculation offered by the employee's expert properly measured the damages on the date a lock-up period ended and the employee was free to sell, so the damages award must be increased by $2.3 million. Reversed in part.
Court: California Courts Of Appeal, Judge: Chou, Filed On: April 8, 2024, Case #: A165372, Categories: employment, damages, Contract
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. Hassan reverses the trial court's final judgment that awarded $3.8 million to an oil and gas worker who was injured by pressurized fluid that "unexpectedly shot out of the end of a hose he was carrying" when another worker negligently opened a valve. The defendant company's request for a jury question regarding the borrowed employee doctrine was incorrectly denied since it was a "controlling factual issue" relating to liability. A new trial is warranted for all claims and parties. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: March 21, 2024, Case #: 14-22-00473-CV, Categories: employment, Jury, damages
J. Kyzar finds that the workers' compensation judge erred as to the amount of average weekly wages (AWW) and compensation rate for the employee in a workers' compensation case. The calculation of the AWW improperly ignored the jurisprudence for overtime wages, so the correct AWW is $544 and compensation rate is $363. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 20, 2024, Case #: WCA-23-586, Categories: employment, damages, Workers' Compensation
J. Hale grants the district's motion to dismiss this employment retaliation and discrimination suit. The former employee alleges she was subject to harassment and discrimination. Her complaint says certain supervisors were acting in the scope of their employment, and her claims must fail under the intracorporate-conspiracy doctrine. The employee's argument a supervisor was acting in his personal interest when he fired her is contradicted by the complaint. The dismissal of her improperly-made standalone claim for punitive damages does not preclude her from recovering damages if the evidence warrants.
Court: USDC Western District of Kentucky, Judge: Hale , Filed On: March 20, 2024, Case #: 3:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: damages, employment Discrimination, employment Retaliation
J. Komitee issues his findings of fact following a bench trial and rules in favor of four car wash attendants on their unpaid-wages and retaliation claims against a Brooklyn-based car wash. The court awards each litigant $3,000 in damages for their state labor law retaliation claims, prejudgment interest, plus individualized awards for unpaid wages and misappropriated gratuities.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 20, 2024, Case #: 1:13cv6085, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages, Labor
J. Carney finds that the district court improperly dismissed claims of discrimination in hiring brought by a candidate for a New York City youth services job. The action was not redundant after a state court rejected the applicant's civil rights claims because he amended the federal filing to also demand damages, which could not be awarded in the state case. Vacated in part.
Court: 2nd Circuit, Judge: Carney, Filed On: March 15, 2024, Case #: 22-412, Categories: damages, employment Discrimination
J. Marks denies an employer's motion for renewed judgment on liability and punitive damages after a former employee was awarded $811,000 in a race discrimination action. The employee's claim that a facially-neutral grooming policy was unevenly applied to African Americans with dreadlocks was supported by legally sufficient evidence and a reasonable jury could find its application was discriminatory. The damages award stands because the employer failed to argue at trial that the actions of the supervisor who sidelined the employee could not be pinned on the employer.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 11, 2024, Case #: 2:19cv767, NOS: Other Civil Rights - Civil Rights, Categories: employment, damages
J. Aarons finds that a business was properly found guilty of discriminatory practices toward a pregnant employee based on evidence that the employee's working conditions were made so intolerable she felt compelled to resign. Meanwhile, the award of $65,000 in lost wages and mental anguish and the $10,000 civil fine were reasonable. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 7, 2024, Case #: CV-23-0381, Categories: damages, employment Discrimination
J. Trapp finds the lower court properly granted the former city clerk's motion for summary judgment on claims related to the early termination of her employment contract. The city failed to provide 30 days notice and did not satisfy its burden to provide proof of just cause for termination; therefore, the clerk was entitled the entire amount of severance pay stated in the contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: March 4, 2024, Case #: 2024-Ohio-782, Categories: employment, Government, damages
J. Boom finds for the department of labor in wage claims because evidence indicates the employer, "a company that runs horse racing operations," willfully denied workers certain wages and thus cannot seek to reduce liquidated damages. The employees should be granted over $243,000 in liquidated damages and back pay.
Court: USDC Western District of Kentucky, Judge: Boom, Filed On: March 4, 2024, Case #: 3:15cv562, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages
J. Barrett denies the judge's motion for judgment as a matter of law, ruling the jury's split verdicts on the employee's Equal Protection and First Amendment claims are not inconsistent. Evidence allowed the jury to conclude the employee's termination, which came immediately after she requested time off for the Jewish high holidays, was a direct result of the request but not solely because of her religious beliefs. Meanwhile, the employee's voluntary resignation from a subsequent position requires the award of back pay be reduced by $20,000, while her failure to prove any evil intent on the part of the judge prevented an award of punitive damages, and so that $35,000 award will also be vacated.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: February 29, 2024, Case #: 1:17cv305, NOS: Employment - Civil Rights, Categories: employment, damages, First Amendment
J. Arnold finds a lower court improperly ruled in favor of a female minor on wage payment claims against her employer. The female minor argued that the mining company reduced her pay for walkaround rights, while paying a higher wage for actual mining activities. However, the cement company she works for sufficiently showed in court that walkaround activities for mine inspections were paid at a lower pay rate. Reversed.
Court: 8th Circuit, Judge: Arnold, Filed On: February 28, 2024, Case #: 23-2213, Categories: employment, damages
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. Usman finds the lower court properly found in favor of an employee in this contract and employment matter. A timeshare cancellation negotiating company terminated an employee for attendance issues, but the employee argued her termination was retaliatory because she invoiced the company for unpaid commissions per her employment contract. A jury agreed with the employee and awarded her damages for breach of contract, unjust enrichment, retaliatory discharge and punitive damages. The employer argued the awards were erroneous and excessive, but the instant court finds no error in the trial court’s determination. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: February 6, 2024, Case #: M2022-00630-COA-R3-CV, Categories: damages, Contract, employment Retaliation
J. Robinson grants the U.S. Department of Labor's motion to pursue Fair Labor Standards Act violation claims against a Mexican style chain of restaurants. The U.S. Department of Labor sufficiently showed in court that the two restaurants failed to properly compensate employees for minimum wages, overtime, and tipping.
Court: USDC Kansas, Judge: Robinson, Filed On: February 2, 2024, Case #: 2:23cv2115, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages, Labor
[Consolidated.] J. Goodwine finds that plaintiff, a family services office supervisor, was improperly awarded $2 million in whistleblower claims brought after he filed reports contending cases had been seriously mismanaged and that his supervisor lied about her case management notes. Plaintiff did not suffer physical or economic harm, and thus he had been awarded excessive punitive damages. Reversed in part.
Court: Kentucky Court Of Appeals, Judge: Goodwine, Filed On: January 26, 2024, Case #: 2022-CA-0935-MR, Categories: damages, employment Discrimination, Whistleblowers