4,431 results for 'cat:"Employment"'.
J. Sessions denies a construction and excavation business, and its board members motion to dismiss in this Fair Labor Standards Act dispute brought by the Department of Labor alleging unlawful retaliation against employees that received back wages from a settlement. The employees alleges that the board members made false and retaliatory statements on the social media platform Facebook. The DoL plausibly alleged the conduct was a retaliation threat based on coercion making it plausibly unprotected. Discovery may proceed and the Labor Department’s motion to amend is also denied.
Court: USDC Vermont, Judge: Sessions, Filed On: May 7, 2024, Case #: 2:23cv560, NOS: Fair Labor Standards Act - Labor, Categories: employment Retaliation, Labor
J. Rabner finds that the appellate division improperly rejected an employee's constitutional challenge in claims contending she had been prohibited from talking about an internal sexual harassment complaint she filed against a supervisor because a duration had not been imposed upon the request that witnesses and involved parties refrain from discussing the case, and the request concerned a large swath of protected speech. Reversed.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: May 6, 2024, Case #: A-40-22, Categories: Constitution, employment Discrimination
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J. Trauger partially grants the former employee’s motion to dismiss for failure to state a claim in this lawsuit asserting claims for conversion, fraud, breach of fiduciary duty and unjust enrichment in connection with his alleged use of a skid steer “for his own personal or family benefit.” The court will dismiss the company’s fiduciary duty claim, as it has not shown that the claim is timely under the relevant statute.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 6, 2024, Case #: 3:23cv862, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: employment, Fiduciary Duty, Conversion
J. Detjen finds that the trial court should have granted an employee's motion to withdraw from arbitration after his former employer failed to timely pay the arbitration fees and costs. The employer was $250 shy of the full amount due, and its argument that the employee had to pay one-half that amount fails because the arbitration agreement's sharing provision only applies to the initial case management fee, which had already been paid. Also, the employee's silence when the employer sought an extension did not mean he "agreed" to the extension. Reversed.
Court: California Courts Of Appeal, Judge: Detjen, Filed On: May 6, 2024, Case #: F086342, Categories: Arbitration, employment, Sanctions
J. O'Scannlain denies a petition for rehearing and amends an opinion denying a hospital’s petition for review, granting the National Labor Relations Board’s cross-application for enforcement, and enforcing the Board’s order finding that the hospital engaged in an unfair labor practice under the National Labor Relations Act by ceasing union dues checkoff after the expiration of a collective bargaining agreement.
Court: 9th Circuit, Judge: O'Scannlain, Filed On: May 6, 2024, Case #: 22-1804, Categories: employment, Health Care
J. Naranjo finds that the appeals court properly held that an employer's omission of unpaid meal premiums from employee wage statements did not trigger statutory penalties. A good faith but mistaken failure to comply with the labor code requirement to provide accurate wage statements is not a knowing and intentional failure to comply that the legislature sought to penalize. Affirmed.
Court: California Supreme Court, Judge: Kruger, Filed On: May 6, 2024, Case #: S279397, Categories: employment
J. Ashe grants summary judgment to a shoreside employer and against its loader-operator on spud barges, rejecting the employee’s claims he is entitled to a seaman’s status and benefits after he was knocked into a canal while unloading limestone from a barge. The employee is not a seaman because he did not engage in sea-based or seagoing activity and did not sail with his employer’s vessels. The undisputed evidence shows that the employee nearly always worked on vessels that were only a gangplank away from shore.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: May 3, 2024, Case #: 2:23cv2570, NOS: Marine - Contract, Categories: employment, Evidence, Maritime
J. Chun declines to dismiss the school faculty member's retaliation claim in his complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausibly alleges a First Amendment retaliation claim as his speech “related to scholarship or teaching." While the university and its president cite the "Johnson v. Poway Unified School District" decision that allows discipline of speech on school grounds, that case's analysis focuses on secondary school education, not college education.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 3, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: Education, employment Retaliation, First Amendment
Per curiam, the appellate division finds that the trial court properly found for the employer in defamation claims concerning statements that had been made about the employee's professional and medical misconduct because the employer had been required to make such a report. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00146 , Categories: employment, Defamation
J. AliKhan largely grants the employer's motion for summary judgment and denies the employee's cross-motion for partial summary judgment in her suit alleging that the employer failed to accommodate her disabilities and cut her hours and threatened to terminate her for taking medical leave. Summary judgment is denied to the employer as to claims related to failures to provide an ergonomic chair and desk and related to the employer's requirement that the employee recertify her FMLA leave. It is otherwise granted.
Court: USDC District of Columbia, Judge: AliKhan, Filed On: May 3, 2024, Case #: 1:19cv1766, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
Per curiam, the appellate court finds that the lower court improperly ruled in employment claims because plaintiff's past acts of child maltreatment involving domestic violence were not relevant to her current work in child care and discredit efforts plaintiff has made since that time. Thus, the office of family services may not inform her employer or any licensing agency about this past maltreatment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: TP 23-01620 , Categories: employment, Licensing
J. Garcia denies all parties' motions for summary judgment, ruling the bus drivers' cited evidence fails to establish all necessary elements for their retaliation and discrimination claims and, therefore, precludes judgment in their favor. Meanwhile, the drivers' claims regarding the employer's failure to properly sanitize buses or use hypoallergenic sanitizers in the wake of Covid-19 are not preempted by the National Transit Systems Security Act because the complaint filed with OSHA before this suit was filed was dismissed by the agency.
Court: USDC Connecticut, Judge: Garcia, Filed On: May 3, 2024, Case #: 3:22cv217, NOS: Employment - Civil Rights, Categories: Evidence, Preemption, employment Retaliation
[Consolidated.] J. McNeill finds that the lower court properly reduced a $250,000 award for loss of earning capacity caused by an injury plaintiff sustained while interning for Western Kentucky University because plaintiff was only due the amount that remained following discharge of medical bills. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: May 3, 2024, Case #: 2023-CA-0521-MR, Categories: employment, Damages, Negligence
J. Saylor denies in part several funds and their chairman’s motion for summary judgment against their former administrator who is being sued for breach of fiduciary duty and has asserted counterclaims for sexual harassment, creating a hostile work environment, retaliation for reporting harassment and failure to accommodate her Type 1 diabetes. The chairman repeatedly behaved inappropriately and made sexual comments to the administrator, such as telling her that he wanted her and had a crush on her and that his wife wasn’t taking care of him, attempting to kiss her against her will immediately after screaming and swearing at her after she gave told him his behavior made her uncomfortable, and if the breasts of an employee on medical leave for breast cancer were “any good.”
Court: USDC Massachusetts, Judge: Saylor, Filed On: May 3, 2024, Case #: 1:21cv10163, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, employment Discrimination, employment Retaliation