329 results for 'cat:"Employment" AND cat:"Labor"'.
J. Pepper denies the employee's renewed but incomplete motion for class certification in his lawsuit against the produce company disputing nonpayment for work done during meal breaks of less than 30 minutes. In addition to denying the company's motion to reconsider a previous ruling on class certification and ordering the employee to file another certification motion following all applicable court rules, the employee's motion for summary judgment is denied and a new briefing schedule is established to allow him and the company to file revised briefs taking into account a recent Seventh Circuit decision dealing with similar issues of payment and meal breaks. Both parties are also admonished to stop bringing superfluous motions asking to file sur-reply briefs or to strike other filings, as they are clogging up the docket and will not be granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 19, 2023, Case #: 2:20cv1802, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Boasberg awards $313,000 in attorney fees to an individual following his partially successful race discrimination claim against a federal employee union. The individual is not entitled to his request for $1.4 million in fees, as three of four of his claims were dismissed and he only won $100,000 in damages.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: June 16, 2023, Case #: 1:17cv2094, NOS: Employment - Civil Rights, Categories: employment Discrimination, Attorney Fees, labor / Unions
J. Yarbrough partially grants a motion to compel in a lawsuit brought by an employee alleging that his employer underpaid for overtime. While the company must provide further documents that do conform with the employee’s “discovery class definition,” some other discovery requests seem to stem from the employee’s “frustration that only a small amount of documents exist” concerning his claims, but that is not enough reason for this court to further compel when the company has already “repeatedly confirmed that it has not withheld any responsive documents.”
Court: USDC New Mexico, Judge: Yarbrough, Filed On: June 16, 2023, Case #: 1:22cv777, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, employment, labor
J. Garry finds that the lower court properly declined to review a state agency's denial of out-of-title work grievances concerning a union contract. Employees contend they were assigned duties at a higher civil service grade without commensurate pay, but since those duties were similar to duties contained in their grade, their only available relief was securing an order to cease the assignments. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: June 15, 2023, Case #: 534879, Categories: employment, labor / Unions
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J. Quattlebaum finds the lower court improperly granted judgment and affirmed the arbitration award to the union. The arbitrator, tasked with resolving a dispute over the firing of a nursing home staff member for allegedly engaging in harassment and falsifying records, failed to determine whether the employer had a reasonable basis for concluding that the employee committed the conduct that led to her discharge. Reversed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: June 15, 2023, Case #: 22-1268, Categories: employment, labor / Unions
J. Kelley denies a construction company and individual's motion for judgment as a matter of law following a jury verdict in favor of a worker who was injured when he fell from a ladder, which prompted an investigation by the Occupational Safety and Health Administration. The Secretary of Labor showed the company and individual retaliated against the employee by reporting him to immigration officials and arranging a meeting, following which the worker was arrested.
Court: USDC Massachusetts, Judge: Kelley, Filed On: June 14, 2023, Case #: 1:19cv10369, NOS: Other Labor Litigation - Labor, Categories: employment Retaliation, labor
Per curiam, the Fifth Circuit finds the district court improperly entered summary judgment in favor of the employer in this suit brought on Fair Labor Standards Act grounds alleging a failure to pay overtime. The oilfield line locator and excavating company argues that the employees are administrators and are exempt from overtime under the Act. All employees had the responsibility to stop unsafe work and the record suggests that a reasonable jury could find that those party to the suit did not exercise discretion and independent judgment on significant matters to the extent required for the Act’s administrative exemption. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 22-50185, Categories: employment, labor
J. Joseph finds partially in favor of the dancers in their class action lawsuit against the strip club and its owners bringing multiple claims under the Fair Labor Standards Act, including for failure to pay minimum wage and forced tip sharing. The dancers' motion for partial summary judgment is granted as to whether the club and owners misclassified them as independent contractors instead of employees, which is supported by the "economic reality" of their relationship with their employer. The strip club and owners' motion for summary judgment is granted as to the merits of the dancers' wage claims since, as a matter of law, they are not entitled to individual coverage because they are not "engaged in commerce" under the Act's terms, and the club is also not covered by the Act's enterprise coverage, regardless of whether it frequently serves out-of-state patrons. Given these findings, the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: June 14, 2023, Case #: 2:21cv753, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Carson finds that the lower court properly declined to compel arbitration in a staffing plan dispute between a nurses' union and an employer. While both parties did agree to arbitrate disputes regarding the relevant collective bargaining agreement, that plan did not intend to cover staffing plan disputes. Because the main thrust of their dispute revolves around the staffing plan, the claims are not compelled to arbitration. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: June 13, 2023, Case #: 21-3146, Categories: Arbitration, employment, labor / Unions
J. Gallagher grants Baltimore County’s motion for summary judgment and denies a class of currently and formerly incarcerated people its cross-motion for judgment in its suit alleging Fair Labor Standards Act violations. The class’s work was to sort materials at a recycling center, also owned and run by the county, so the class cannot claim an “outside” employer in this case. Although the county paid those incarcerated $5 daily while paying employees doing the same job minimum wage, the county’s program has shown that it provided structure and job training to incarcerated people and was never meant to be employment for them. Therefore, the Act cannot cover the class in this case.
Court: USDC Maryland, Judge: Gallagher, Filed On: June 9, 2023, Case #: 1:21cv34, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor, Prisoners' Rights
J. Conway finds that the district court properly ruled in favor of the police officers in an action alleging that the city violated the Uniformed Services Employment and Reemployment Rights Act by failing to provide officers summoned to National Guard or Army Reserve service with the same holiday pay and accrued benefits it gave employees on paid administrative leave. The officers all exhausted their annual paid military leave and were converted by the city to unpaid status. The language in the statute does not unambiguously limit the meaning of the words "status" and "pay" to the period of leave. Military leave is comparable to paid administrative leave. Affirmed.
Court: 11th Circuit, Judge: Conway, Filed On: June 8, 2023, Case #: 22-11621, Categories: employment, labor
J. Graham finds in favor of the truck driver and labor commission in a lawsuit from a concrete company challenging the commission's findings for the truck driver in proceedings he began after the company refused to accommodate his severe back pain by assigning him to a different kind of truck, then constructively fired him when he would not work until he was accommodated. Based on the facts in the record, including from the commission's proceedings, the company discriminated against the driver over his disability in violation of the Wisconsin Fair Employment Act by immediately and steadfastly shutting down his reasonable accommodation request despite it being on notice that he had a disabling condition preventing him from safely doing his job. The circuit court's ruling affirming the commission's decision in part ordering the driver reinstated and awarding him back pay is upheld, and the matter is remanded for the circuit court to award him attorney fees. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Graham, Filed On: June 8, 2023, Case #: 2021AP002028, Categories: employment, Attorney Fees, labor
J. Kennelly denies a health care access website’s motion to modify a ~$35,000 award an arbitrator granted its former employees in an underlying labor case, but also remands the case to the arbitrator to clarify the material terms of the award of equity options.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: June 5, 2023, Case #: 1:15cv6238, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, employment, labor
C.J. Bright finds the lower court erroneously granted the employer's motion for summary judgment on its special good faith defense in a wage case. There is conflicting evidence as to whether it believed its payment practices to the waitress complied with state labor laws. While the employer claims it believed the waitress's non-tipped duties were performed for a minimal amount of time each shift, its legal counsel testified the restaurant had been informed its pay policies likely violated the law. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: June 2, 2023, Case #: AC44544, Categories: employment, Evidence, labor
J. Garcia finds that the appellate division improperly held that a union contract bound the town to arbitrate termination of an exempt, confidential employee because under New York's civil service system, exempt-class employees, who include deputies and secretaries chosen by elected officials rather than assigned by merit, are understood to be at-will workers. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: May 23, 2023, Case #: 40, Categories: Arbitration, employment, labor / Unions
J. Freeman grants summary judgment to the employers in their employee's suit alleging that they failed to compensate him and other insurance adjusters for the full hours worked because they compensated adjusters for hours billed to clients, rather than actual hours worked, improperly classified adjusters as exempt and failed to provide proper breaks and reimburse adjusters for mileage. The employee was properly classified as an exempt administrative employee, no dispute of material fact remains as to whether he was properly reimbursed for mileage in a lump-sum payment, and the employee has not shown that his wage statements were in any way inaccurate nor that he is owed wages following his resignation. A state-law claim alleging unfair and unlawful business practices is derivative of those other claims, and the court declines to exercise supplemental jurisdiction under the California Private Attorneys General Act.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 22, 2023, Case #: 5:21cv819, NOS: Fair Labor Standards Act - Labor, Categories: employment, Jurisdiction, labor
J. Bricetti partially denies the successor companies' motion to dismiss a wage and hour suit. The employee claims that the successor companies' assets were illegally transferred to avoid a judgment in a different action. The employee has plausibly alleged the successors are subject to successor liability on Fair Labor Standards Act claims, but may not pursue claims accruing prior to September 2019.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: May 19, 2023, Case #: Ji, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor
[Consolidated]. J. Lewis finds a lower court improperly ruled in favor of a the Home Office concerning a group of trade union members' contract claims. The Home Office argued that it properly deducted union dues from employees' wages. However, the trade union members sufficiently showed in court that they did not approve of certain check- off arrangements as part of their employment agreement.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: May 19, 2023, Case #: CA-2022-689, Categories: employment, labor / Unions