37 results for 'cat:"Jurisdiction" AND cat:"Labor"'.
J. Peterson declines to dismiss the former employee's complaint alleging that the healthcare company eliminated her position and knowingly fired her for using the grievance procedures of her union's collective bargaining agreement with the healthcare company. The healthcare company argues that dismissal is appropriate because a federal court must interpret the CBA, but the CBA is based on state law and thus does not require interpretation in this court. This action is remanded to the Clark County District Court.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: May 3, 2024, Case #: 3:24cv5138, NOS: Other Labor Litigation - Labor, Categories: jurisdiction, labor / Unions
J. Ellis grants a worker’s motion to dismiss a supplemental affidavit in this class action over a home lending company’s alleged violations of the federal Worker Adjustment and Retraining Notification Act and Illinois Wage and Payment Collection Act. However, the court also dismisses the case for lack of jurisdiction. The members of the class claimed the company fired all of them with no warning and without providing backpay for accrued personal time.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: April 29, 2024, Case #: 1:23cv1839, NOS: Other Labor Litigation - Labor, Categories: jurisdiction, Class Action, labor
J. Randolph finds the lower court improperly found for a union on its claim the Federal Labor Relations Authority's decision to vacate certain arbitration awards in a government pay scale-related dispute was ultra vires. The lower court lacked jurisdiction and, upon remand, must dismiss the complaint. Vacated.
Court: DC Circuit, Judge: Randolph, Filed On: April 23, 2024, Case #: 22-5308, Categories: jurisdiction, labor / Unions
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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. Sammartino denies the employee's motion to remand a wage-and-hour class action against American Airlines to state court. American Airlines' 10% violation rate to determine the amount of damages is reasonable based on the complaint's "from time to time" and "policy and practice" allegations. Using this violation rate, the amount in controversy comes out to roughly $16 million, which easily clears the $5 million federal jurisdiction hurdle set by the Class Action Fairness Act.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: March 7, 2024, Case #: 3:23cv1779, NOS: Other Labor Litigation - Labor, Categories: jurisdiction, Class Action, labor
J. Sargus denies the pilots' union's motion for a preliminary injunction, ruling that while emails sent by the private jet company's corporate officers to discourage certain union activity were "strong critiques" of the union and its bargaining positions, they did not rise to the level anti-union animus required to invoke this court's jurisdiction, while the company's willingness to continue negotiations on a bargaining agreement require dismissal of the union's claims.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: January 5, 2024, Case #: 2:23cv1404, NOS: Railway Labor Act - Labor, Categories: jurisdiction, labor / Unions, Injunction
J. Fouratt grants the employees' motion for conditional class certification in a labor case, ruling that while the employer is based in Texas, this court has jurisdiction over the case because the claims presented in the complaint deal exclusively with its contracts governing New Mexico-based employees and will not include individuals who worked in Texas.
Court: USDC New Mexico, Judge: Fouratt, Filed On: January 2, 2024, Case #: 2:22cv252, NOS: Fair Labor Standards Act - Labor, Categories: jurisdiction, Class Action, 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
J. Stiglich finds the district court properly dismissed the physicians’ labor dispute brought through the Employment Management Relations Board against their union. Claims brought against the hospital and union fall strictly within the board’s jurisdiction. Statute limits the district court’s jurisdiction to issuing an injunction to force the union to comply with the board’s orders. However, the court abused its discretion by awarding certain costs to the union which were unsupported by sufficient documentation. Affirmed in part. Reversed and remanded in part.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: November 17, 2023, Case #: 85928, Categories: jurisdiction, Attorney Fees, labor / Unions
J. Elgo finds the lower court lacked jurisdiction to grant the EMT's motion to enforce an arbitration award against his employer. The employer's revocation of medical supervision, which prevented the EMT from being reinstated after the arbitrator's decision, was wholly separate from the EMT's employment status. The EMT's initial grievances with the union dealt only with his termination and he was required to file an additional grievance after the employer revoked his certification upon the arbitrator's reinstatement order. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: October 27, 2023, Case #: AC45498, Categories: Arbitration, jurisdiction, labor / Unions
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. Brown grants a car auction company's request to join its New York-based subsidiary as a necessary party to the complaint and subsequently dismisses a tow truck driver's class action New York Labor Law complaint alleging he was paid on a biweekly basis and that the company made unlawful deductions from his pay. The court finds the vast majority of the proposed class members currently live in the state of New York; thus it declines to exercise jurisdiction over their claims under the Local Controversy Exception of the Class Action Fairness Act.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: September 21, 2023, Case #: 2:22cv1257, NOS: Other Labor Litigation - Labor, Categories: jurisdiction, Class Action, 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