17 results for 'cat:"Health Care" AND cat:"Labor"'.
J. Gorton denies in part a pharmaceutical company’s motion to dismiss a class action brought against it by health and welfare funds of labor unions for allegedly engaging in anti-competitive practices, causing the funds to overpay for prescription asthma medication. “Because no generic QVAR existed at the time [the pharmaceutical company] purportedly discontinued QVAR in favor of QVAR Redihaler, asthma patients necessarily had to be transitioned onto QVAR Redihaler.”
Court: USDC Massachusetts, Judge: Gorton, Filed On: May 7, 2024, Case #: 1:23cv11131, NOS: Antitrust - Other Suits, Categories: Antitrust, health Care, labor / Unions
J. Reidinger grants a hospital’s motion for summary judgment in a labor dispute with a nurses’ union after the hospital won an arbitration award. Union members posted flyers regarding voting in places outside of designated bulletin boards stipulated in a collective bargaining agreement. The dispute arose, and a union representative requested access to the hospital. He was denied for 30 days as part of the agreement. When a second, uninvolved representative requested access, he had to wait until the 30 days had ended. The union is incorrect in arguing that this second denial violated the agreement, and the arbitration award stands.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 26, 2024, Case #: 1:23cv321, NOS: Labor/Management Relations - Labor, Categories: Arbitration, health Care, labor / Unions
J. Reidinger partially grants an anesthetist’s motion for conditional class certification following claims that her employer misclassified her and others as independent contractors to avoid paying overtime wages. The employer, an anesthesia contractor, must turn over names and contact information of its employees to the anesthetist.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:23cv114, NOS: Fair Labor Standards Act - Labor, Categories: health Care, Contract, labor
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J. Stewart grants, in part, a healthcare service's petition for review. The labor relations board's holdings the company improperly issued an oral workplace rule and threatened an RN for disruptive behavior are not supported by substantial evidence considering the existing precedent that a rule must be communicated to multiple employees to constitute a violation. However, the board's petition for enforcement is also partially granted, as the company violated labor rules by conducting coercive investigations and unlawfully terminating the RN.
Court: 5th Circuit, Judge: Stewart , Filed On: March 7, 2024, Case #: 22-60584, Categories: health Care, Employment Retaliation, labor
J. Aarons finds that the lower court properly held that unionized county workers were owed continued no-cost prescription benefits after the single participating pharmacy closed. The county proffered a contract-reversion defense, but the state public employment relations board determined a past practice existed that the unions' rank-and-file reasonably expected to continue. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 7, 2024, Case #: 535968, Categories: health Care, labor / Unions
J. O’Scannlain denies a medical center’s petition for review and grants the National Labor Relations Board’s cross-application for enforcement on an order finding that the medical center engaged in an unfair labor practice under the National Labor Relations Act ceasing union dues checkoff under a collective bargaining agreement.
Court: 9th Circuit, Judge: O’Scannlain, Filed On: February 20, 2024, Case #: 23-137, Categories: health Care, labor / Unions
J. O’Scannlain denies a medical center’s petition for review and grants the National Labor Relations Board’s cross-application for enforcement on an order finding that the medical center engaged in an unfair labor practice under the National Labor Relations Act ceasing union dues checkoff under a collective bargaining agreement.
Court: 9th Circuit, Judge: O’Scannlain, Filed On: February 20, 2024, Case #: 22-1804, Categories: health Care, labor / Unions
J. Joyce finds the Employment Relations Board (ERB) properly dismissed Portland Fire Fighters’ Association, Local 43 IAFF Union’s unfair labor practice complaint concerning the pandemic-era Oregon Health Authority rule requiring healthcare workers, including firefighters, to receive the Covid-19 vaccine to work in healthcare settings. “ERB’s determination that the Port did not make a change to the status quo was supported by substantial reason.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: December 13, 2023, Case #: A178710, Categories: health Care, Covid-19, labor / Unions
J. Fouratt grants the employees' motion for conditional class certification, ruling evidence indicating more than 200 individuals worked more than 40 hours per week without overtime pay satisfies typicality requirements, while modest differences between job duties among the prospective class does not prevent the use of a class action to settle the disputes collectively.
Court: USDC New Mexico, Judge: Fouratt, Filed On: November 22, 2023, Case #: 2:22cv579, NOS: Fair Labor Standards Act - Labor, Categories: health Care, Class Action, labor
J. Strickland grants, in part, the class's motion for conditional certification, ruling the worker's declaration of a uniform policy of auto-deduction of a meal break by the health care company satisfies commonality requirements and states a plausible claim under the Fair Labor Standards Act.
Court: USDC New Mexico, Judge: Strickland, Filed On: October 31, 2023, Case #: 1:23cv128, NOS: Fair Labor Standards Act - Labor, Categories: health Care, Class Action, labor
J. Douglas, in this interlocutory appeal, finds the district court properly determined that a collective action brought by “vocational therapy” rehab patients may proceed under the Fair Labor Standards Act. In lieu of being paid for the jobs they performed, patients’ wages were used to offset treatment services costs. The district court applied the correct legal standards in relying on relevant case law, appropriately concluding that the patients were employees under the FLSA and entitled to compensation collectively. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: August 16, 2023, Case #: 22-20434, Categories: health Care, Class Action, labor
J. Rose denies the employer's motion to dismiss, ruling the lack of specific weeks where overtime was accrued but not paid in the class action is not fatal to the FLSA claims, which include sufficient information about the types of patient care tasks performed by the nurses during meal breaks and meet all pleading requirements.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: August 7, 2023, Case #: 3:23cv69, NOS: Fair Labor Standards Act - Labor, Categories: health Care, Class Action, labor
J. Trenga grants the government's motion for summary judgment in the unpaid wages litigation for the healthcare entities and their owner but denies summary judgment against the company's manager. Despite the manager having control over employees, hirings, and pay, her title as general manager is insufficient to classify her as an employer rather than an employee.
Court: USDC Eastern District of Virginia, Judge: Trenga, Filed On: July 14, 2023, Case #: 1:22cv83, NOS: Fair Labor Standards Act - Labor, Categories: health Care, labor / Unions