13 results for 'cat:"Employment" AND cat:"Transportation"'.
J. Lemelle finds for an employee benefits plan administrator on a former commercial truck driver’s breach of fiduciary duty claims arising from denial of his request for long-term benefits due to his pre-existing hypertension. The issue is whether the driver was covered under the employer’s policy when he was diagnosed with insulin-dependent diabetes mellitus, which according to Department of Transportation guidelines, would prevent him from driving a licensed commercial vehicle. The plan administrator’s interpretation of the term “active full-time service” as applied to a worker who had not worked in several weeks, had exhausted his paid time off and was on indefinite medical leave is reasonable considering the policy language and known facts.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: January 25, 2024, Case #: 2:22cv1760, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, Health Care, transportation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Newman recommends denying, in part, a transport company’s motion to dismiss a truck driver’s employment retaliation and related claims. He has sufficiently pleaded his claims for failure to provide reasonable accommodations, leave retaliation, breach of implied-in-fact contract, and negligent hiring, supervision and retention.
Court: USDC Eastern District of California, Judge: Newman, Filed On: December 20, 2023, Case #: 2:23cv311, NOS: Other Labor Litigation - Labor, Categories: employment, transportation, Contract
J. Dick grants summary judgment to a railroad and against a black foreman of a track maintenance crew who sued his employer for racial discrimination after he was fired for two track use violations that put company employees at risk of injury or death. The foreman failed to provide specific evidence that similarly situated white comparators were treated more favorably. The litigant’s argument a white foreman’s rear-end collision, albeit occurring at work but not on the track, is nearly identical to exposing an entire work crew to a potential train collision.
Court: USDC Western District of Louisiana , Judge: Dick, Filed On: December 12, 2023, Case #: 3:21cv373, NOS: Other Civil Rights - Civil Rights, Categories: transportation, employment Discrimination
J. Tharp partially grants a group of logistics workers’ motion for class certification against their employer, a trucking company. Workers from several of the company’s facilities claim they were illegally made to work without pay before the start and after the end of their shifts, and were subject to automatic time deductions for lunch breaks they should have been paid for. The court, after getting into the composition of the proposed class, allows only workers from the company’s Baltimore, New Orleans and Woodland, California, to join the class.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: October 6, 2023, Case #: 1:20cv7711, NOS: Fair Labor Standards Act - Labor, Categories: employment, transportation, Labor
J. Starr sanctions Southwest for rewording a court-ordered release to its flight attendants, in which it said “’Southwest does not discriminate against [e]mployees for their religious practices and beliefs,’” which improperly made it sound as though the district court was “bequeathing Southwest a badge of honor for not discriminating.” Three Southwest attorneys are ordered to attend religious-liberty training and Southwest must reissue the court-ordered statement verbatim.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: August 7, 2023, Case #: 3:17cv2278, NOS: Railway Labor Act - Labor, Categories: Sanctions, transportation, employment Discrimination