6 results for 'cat:"Employment" AND cat:"Evidence" AND cat:"Labor"'.
J. Gibbons finds the lower court erroneously granted the fracking company employees' motion for judgment on liability for Fair Labor Standards Act claims because there are issues of fact regarding whether the employees' irregular schedules are necessitated by the industry or are caused solely by the fracking company's predetermined work schedule. Although many of the weeks during which employees worked fewer than 40 hours stemmed from scheduled time off, a large portion also came from weeks with full work schedules, which lends support to the company's theory irregularities in scheduling are a result of fluctuating demand for services; therefore, the case must be remanded for further analysis. Reversed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 6, 2024, Case #: 23-3247, Categories: employment, evidence, labor
J. Lioi denies the employer's motion for summary judgment, ruling that although a large portion of the employee's job was related to manual labor and conversing with patients at the nursing home, deposition testimony from each party creates questions of fact regarding how much oversight and ultimate decision-making authority the employee had in terms of implementing facility upgrades and prevents the court from determining her exempt status at this stage of the litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: January 29, 2024, Case #: 5:21cv2259, NOS: Fair Labor Standards Act - Labor, Categories: employment, evidence, labor
J. Beckerman finds in favor of the employees on their Fair Labor Standards Act claims, which allege that the automobile dealership owners did not pay the employees and the collective members minimum wages and overtime. The dealership owners do not present evidence that adequately explains what they did to pay the employees after the regular payday or to show that they issued a notice that they complied with the FLSA.
Court: USDC Oregon, Judge: Beckerman, Filed On: July 25, 2023, Case #: 3:18cv372, NOS: Fair Labor Standards Act - Labor, Categories: employment, evidence, labor
J. Pappert grants Pepperidge Farm’s motion to dismiss a group of delivery drivers’ claims that they have been wrongly classified as independent contractors rather than employees by the company. The undisputed facts, such as the fact that they received pandemic-era business loans, show that they operated as independent contractors.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: July 14, 2023, Case #: 2:20cv3881, NOS: Fair Labor Standards Act - Labor, Categories: employment, evidence, labor
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C.J. Bright finds the lower court erroneously granted the employer's motion for summary judgment on its special good faith defense in a wage case. There is conflicting evidence as to whether it believed its payment practices to the waitress complied with state labor laws. While the employer claims it believed the waitress's non-tipped duties were performed for a minimal amount of time each shift, its legal counsel testified the restaurant had been informed its pay policies likely violated the law. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: June 2, 2023, Case #: AC44544, Categories: employment, evidence, labor