778 results for 'cat:"Labor"'.
Per curiam, the circuit finds that the district court improperly dismissed a request in which the regional director of the National Labor Relations Board sought temporary injunctive relief concerning Starbucks' alleged unfair labor practices in response to a Buffalo-Rochester regional unionization effort. Starbucks was properly granted limited expedited discovery, but the overbroad subpoenas sought information beyond the Buffalo-Rochester stores. On remand, arguments for and against specific subpoenas should be subjected to closer inspection.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-1194-cv, Categories: Discovery, labor / Unions, Injunction
J. Novak grants the attorney's motion to determine whether the insurance company properly calculated the benefits owed to him, considering the court's recent determination that the insurance company abused its discretion in denying his long-term disability benefits for the second time. The insurance company has consistently dodged paying the attorney benefits that stem from his having serious heart surgery. The insurance company abused its discretion for a third time by determining that the attorney's earned-income social security benefits, as compared to social security benefits received due to his disability, could be offset against his long-term disability benefits.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: May 14, 2024, Case #: 1:22cv125, NOS: Fair Labor Standards Act - Labor, Categories: Erisa, Insurance, labor
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J. Korman enters judgment in favor of a former chief operating officer on her breach of contract claim, finding her employer breached her employment contract by failing to pay her full salary as well as a $280,000 bonus. However, the court grants judgment to the employer on her state labor law claims for unpaid minimum wages, finding she is exempt from the law’s minimum wage provisions because she is a high-level professional.
Court: USDC Eastern District of New York, Judge: Korman, Filed On: May 13, 2024, Case #: 1:21cv473, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, labor
J. Nelson issues a judgment of $141,300 against USPS for firing an employee after she reported a workplace-related injury. USPS fired the employee within 21 days of her protected activity and just 11 days before her probationary period would end, and USPS never trained the employee on how to use the boat hook that ultimately injured her.
Court: USDC Oregon, Judge: Nelson, Filed On: May 10, 2024, Case #: 3:21cv1454, NOS: Other Labor Litigation - Labor, Categories: Employment, labor
J. Donnelly denies a series of motions to intervene brought by a small group of current and former union members who seek to overturn or modify a consent order in which two factions of a union representing employees at an Staten Island Amazon fulfillment center agreed to hold leadership elections. The court finds their motions untimely; thus they are not entitled to intervention.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: May 9, 2024, Case #: 1:23cv5261, NOS: Labor/Management Relations - Labor, Categories: labor / Unions
Per curiam, the appellate division finds that the lower court improperly found for a mason who was injured while removing and replacing bricks. He proved his case by showing that the ladder on which he was working fell while he was eight feet above the ground and supported this with photographic evidence. However, he also testified inconsistently about the event and whether he promptly reported the accident or not, which requires further proceedings. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02609, Categories: labor
J. Bredar denies a freight transport company’s motion for summary judgment in this Family Medical Leave act lawsuit stemming from 63 current and former employees’ complaints. The case has been stayed for several years until the unions pursued arbitration proceedings against the company for suspending or terminating the employees after being accused of abusing the FMLA leave. The freight firm alleges the Railway Labor Act preempts the claims and that if the claims are not preempted, then they are time-barred. The arbitrators did not find a key reason for firing the employees to be pretextual. Therefore, the company failed to meet the burden showing the preclusion issue is warranted.
Court: USDC Maryland, Judge: Bredar, Filed On: May 8, 2024, Case #: 1:18cv744, NOS: Family and Medical Leave Act - Labor, Categories: Arbitration, Employment, labor / Unions
J. Conley denies the construction company's motion to dismiss claims from a class action from employees in part alleging they were not paid their full pay rate or overtime wages for time spent loading trucks and driving to and from job sites. The company's motion to dismiss the employees' state-law claims based on an argument of preemption under the Labor Management Relations Act is premature. The company's motion to stay proceedings pending resolution of a union grievance is denied, as it's not clear how intertwined the grievance and the lawsuit are such that the lawsuit needs to be stayed. The employees' motion to strike the company's reply brief is denied.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: May 8, 2024, Case #: 2:23cv461, NOS: Fair Labor Standards Act - Labor, Categories: Employment, labor / Unions
J. Heytens finds the lower court improperly granted the county judgment when it found no reasonable adjudicator could view the facts in a way that would make incarcerated workers employees for the purpose of the act. A group of imprisoned people working at a recycling plant sued the county, alleging violations of the Fair Labor Standards Act and two Maryland statutes. There is no definite rule that such workers cannot be covered by the act when they work outside their detention facility’s walls and for someone other than their immediate detainer. Vacated.
Court: 4th Circuit, Judge: Heytens , Filed On: May 8, 2024, Case #: 23-1731, Categories: Employment, labor, Prisoners' Rights
J. Morrison preserves a Fair Labor Standards Act complaint against two health care staffing agencies brought by the U.S. Labor Department on behalf of two Filipino nurses. The department alleges the agencies entered into employment contracts with three-year commitments and are now seeking thousands of dollars in damages after the nurses decided to quit prior to the end of their contracts, a system that the Labor Department claims constitutes illegal kickbacks and ultimately violates federal minimum wage and overtime regulations. The court rules the agency has standing to enforce the FLSA under both Article II and Article III of the Constitution, and its claims sufficiently allege violations under federal wage laws.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: May 8, 2024, Case #: 1:23cv2119, NOS: Fair Labor Standards Act - Labor, Categories: Employment, labor
J. Kness partially grants the Illinois Department of Corrections’ motion for summary judgment on an older Black employee’s claims of age and race discrimination, and retaliation for union association. The employee, who oversees several parole officers, claims his spotty disciplinary record with the department is the result of systemic ageism and anti-Black racism and departmental retaliation for his efforts to unionize his office. The court finds most of the employee’s discrimination claims either untimely or lacking sufficient evidence, but also finds there is sufficient evidence to support his claim for union activity retaliation against several specific department personnel.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: May 8, 2024, Case #: 1:18cv282, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, labor / Unions
J. Johnson denies summary judgment to a maintenance company on its argument a black employee’s racial bias claim should be dismissed. His supervisor allegedly referred to him with racist profanity with another employee outside the litigant’s presence. The Fifth Circuit recognizes that while "a single instance of a racial epithet does not, in itself, support a claim of hostile work environment,” perhaps “no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as [the N-word] by a supervisor in the presence of his subordinates.”
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: May 8, 2024, Case #: 3:22cv560, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, labor
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. 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. Sammartino partially grants CoreCivic's motion to stay in a case accusing it of violating California's labor laws with respect to detainees' voluntary work and coercing detainees to perform uncompensated work in violation of both state and federal law. The limited stay only applies to dispositive motions regarding state law claims potentially subject to the constitutional defense at issue in a case pending before the 9th Circuit. However, discovery related to the state law claims will not be stayed, as this case has already been going on for nearly seven years.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 6, 2024, Case #: 3:17cv1112, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, 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. Shea grants the employer's motion to compel arbitration, ruling the contract at issue in this case is between two business entities and, therefore, is not covered by any exemption to the Federal Arbitration Act, including the exemption involving workers engaged in interstate commerce, such as the delivery drivers who brought the suit. Additionally, the fee-shifting provision of the arbitration clause does not render it unconscionable because the drivers have not shown arbitration costs would be prohibitive, while the bold and large type on the contract negates any argument the agreement was deceptive.
Court: USDC Connecticut, Judge: Shea, Filed On: May 2, 2024, Case #: 3:23cv1695, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, labor