447 results for 'nos:"Fair Labor Standards Act - Labor"'.
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
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J. Griesbach grants summary judgment to the employees in their lawsuit against their bosses at the phone and wireless service vendor claiming unpaid wages and bonuses. The employees have shown they were not paid their full salaries, bonuses and minimum wage for their work as sales associates and that the bosses are personally liable for the breaches, so one of the employees is granted a judgment of $10,094; the second employee is granted a judgment of $16,692; and the third is granted a judgment of $17,600.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: May 10, 2024, Case #: 1:22cv894, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract
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. 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. 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. Nye grants an employee's motion for reimbursement of fees and costs in a matter in which pizza delivery drivers allege their employer underpaid them and did not reimburse them for vehicle-related expenses. The employees sought contact information for former employees from the employer, but the employer alleges that it lost access to that information after changing payroll providers. The employees used publication notice to reach potential class members. The employer knew of the employees' imminent state law claims and failed to preserve the employee information in anticipation of litigation. The employees are entitled to reimbursement for the costs of the publication notice.
Court: USDC Idaho, Judge: Nye, Filed On: May 7, 2024, Case #: 1:17cv283, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action
J. Gardephe awarded the employee Mr. Chen $50,000 on his claims for unpaid wages and overtime compensation against the liquor store. The employee was paid $2,800 a month plus lodging in exchange for working 11 hours a day, six days a week, and was never informed of his right to overtime pay.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: May 2, 2024, Case #: 1:19cv6115, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
J. Cogan dismisses an unpaid wages complaint against a company who had settled similar claims in a prior class action. The litigant, one of four class members in the class action, sought to challenge the settlement, claiming it was unfair and did not adequately represent his interests, but the court disagrees, finding he had ample opportunity to either raise objections or opt out of the settlement after notices were sent out to potential members.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: May 1, 2024, Case #: 1:23cv5165, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Mehalchick denies a nursing home’s motion for summary judgment concerning a former employee’s Fair Labor Standards Act claim alleging a failure to pay overtime compensation. There is a question of material fact as to whether the former employee’s primary duty was managerial and thus exempt from overtime compensation. The former employee’s motion for partial summary judgement for liquidated damages was also denied since the decision would be merely advisory.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: May 1, 2024, Case #: 3:22cv828, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Employment, Erisa
J. Pepper grants the insurance company's motion to intervene, bifurcate and stay in a lawsuit against the mechanical contractor from an employee claiming she was not paid any overtime wages. As the contractor's commercial insurer, the insurance company will be allowed to intervene in the lawsuit and bifurcate its issues of coverage from the merits of the case. Because it properly balances potential prejudices against the company and the employee, proceedings in the lawsuit are stayed until the insurance coverage issues are resolved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:24cv38, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Insurance, Labor
J. Groves grants an insurance company's and employer's motions to dismiss a disabled inactive employee's amended complaint regarding denied claims. The United States Department of Labor Employee Benefits Security Administration issued demand letters on behalf of the employee identifying multiple incorrectly processed claims. The insurer overturned some, but not all, decisions. The employee requested plan documents from the insurer, received no response, and filed this complaint alleging violation of ERISA for not producing the requested documents. Because the employee has not alleged an injury, she does not have Article III standing. The insurer is not a proper party for the ERISA claim. The employee did not make a written request to the employer for plan documents.
Court: USDC Idaho, Judge: Groves, Filed On: April 29, 2024, Case #: 1:22cv164, NOS: Fair Labor Standards Act - Labor, Categories: Erisa
J. Walton partially grants the employer's motion to dismiss the employee's suit alleging nonpayment of wages, failures to pay correct overtime rates for overtime hours and employee misclassification. The employee's misclassification claims under the McNamara-O'Hara Service Contract Act fail because the Act does not create a private right of action for such claims, but her claims independent of that Act survive.
Court: USDC District of Columbia, Judge: Walton, Filed On: April 26, 2024, Case #: 1:22cv3094, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Slaughter grants an employee's motion for preliminary approval of a class action settlement in a wage and hour suit. The adequacy of representation requirement is met, preliminary certification of the proposed settlement is proper, the settlement terms of the PAGA claim are fair, adequate, and reasonable and the proposed settlement meets notice requirements.
Court: USDC Central District of California, Judge: Slaughter, Filed On: April 26, 2024, Case #: 2:19cv7077, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Settlements, Class Action
J. Campbell enters a default judgment against a transitional home staffing service in the amount of $90,000 for unpaid wages and overtime. The staffing service failed to respond to an employee's allegations that it misclassified her as an independent contractor and failed to pay her for overtime when she worked 16 hours a day, 7 days a week as a sober home manager.
Court: USDC Arizona, Judge: Campbell, Filed On: April 23, 2024, Case #: 2:23cv1882, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages