9 results for 'cat:"Employment" AND cat:"Jurisdiction" AND cat:"Labor"'.
J. D’Agostino preserves a shipper and receiver’s untimely wages complaint against her employer, a packaging materials manufacturer. Her allegations sufficiently articulate an injury suffered, so she has standing to sue, and the state labor law at issue affords a private right of action.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 14, 2024, Case #: 1:23cv790, NOS: Other Labor Litigation - Labor, Categories: employment, jurisdiction, labor
J. Colloton finds a lower court properly dismissed a brewery's motion for summary judgment concerning Fair Labor Standard Act claims brought by a former employee. The brewery argued that it resolved the former employee's overtime claims in a private settlement. However, the court lacks jurisdiction based on mootness. Vacated.
Court: 8th Circuit, Judge: Colloton, Filed On: December 22, 2023, Case #: 22-3518, Categories: employment, jurisdiction, labor
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J. Battaglia grants a staffing group's motion to dismiss Fair Labor Standards Act claims brought by an employee, a citizen of Texas, who claims the company failed to pay him time and a half for overtime. Although the staffing company, which is primarily located in Massachusetts, is registered to do business in California and maintains offices in the state, there are no allegations that the employee's injuries arose from the company's California presence, so the court lacks personal jurisdiction.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: October 18, 2023, Case #: 3:23cv820, NOS: Fair Labor Standards Act - Labor, Categories: employment, jurisdiction, labor
J. Lin remands to the King County Superior Court the former animal keeper's claim that the zoo denied her, an Asian woman, a promotion and forced her to resign because she voiced concerns about the zoo's employee diversity. The former animal keeper's Washington Law Against Discrimination claims are substantive rights under Washington law, and they do not have to be interpreted by the collective bargaining agreement to be resolved.
Court: USDC Western District of Washington, Judge: Lin, Filed On: August 23, 2023, Case #: 2:23cv627, NOS: Labor/Management Relations - Labor, Categories: jurisdiction, employment Discrimination, labor
J. Freeman grants summary judgment to the employers in their employee's suit alleging that they failed to compensate him and other insurance adjusters for the full hours worked because they compensated adjusters for hours billed to clients, rather than actual hours worked, improperly classified adjusters as exempt and failed to provide proper breaks and reimburse adjusters for mileage. The employee was properly classified as an exempt administrative employee, no dispute of material fact remains as to whether he was properly reimbursed for mileage in a lump-sum payment, and the employee has not shown that his wage statements were in any way inaccurate nor that he is owed wages following his resignation. A state-law claim alleging unfair and unlawful business practices is derivative of those other claims, and the court declines to exercise supplemental jurisdiction under the California Private Attorneys General Act.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 22, 2023, Case #: 5:21cv819, NOS: Fair Labor Standards Act - Labor, Categories: employment, jurisdiction, labor