196 results for 'cat:"Class Action" AND cat:"Labor"'.
J. Mazzant denies without prejudice the second renewed motion for notice to potential plaintiffs in a suit brought on behalf of Jason's Deli delivery drivers who allege the improper vehicle expense reimbursement rates cause their wages to fall below the federal minimum wage. The lead plaintiff has not met the "similarly situated" threshold as to the potential opt-in plaintiffs, but he will have one more opportunity to do so.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 25, 2024, Case #: 4:20cv385, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, class Action, labor
J. Marutollo conditionally certifies a Fair Labor Standards Act putative collective action against Boar’s Head, the deli meat supplier, with claims for unpaid wages and untimely wage payments. The litigant, a service support specialist employed at one of its distribution centers in Brooklyn, adequately pleaded that members of the proposed collective action are similarly situated. Boar’s Head is ordered to provide a list of all current and former hourly workers who were employed at the distribution center between August 2020 to August 2023.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: March 24, 2024, Case #: 1:23cv6333, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: class Action, labor
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J. Nagala grants, in part, the deckhand's motion for conditional class certification, ruling the four employee declarations regarding the employer's refusal to compensate them for time spent moving boats to and from jobsites, which deprived them of overtime pay, are sufficient at this stage to demonstrate a workplace policy that violates the Fair Labor Standards Act.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 19, 2024, Case #: 3:23cv46, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, class Action, labor
J. Wolson grants in part a paralegal’s motion to certify a collective action against the City of Philadelphia District Attorney’s Office alleging it misclassifies paralegals as exempt under the Fair Labor Standards Act, and that they should get overtime pay. Conditional certification of her collective action is appropriate, although it is not appropriate for the court to certify it to proceed as a class action.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: March 18, 2024, Case #: 2:23cv32, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Cole denies the restaurant employees' motion for class certification, ruling that while the lead plaintiff cites his own experiences of being denied tips during the Covid-19 pandemic, his complaint says nothing about the experiences of other waitstaff and, therefore, cannot satisfy typicality or commonality requirements.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 18, 2024, Case #: 1:21cv377, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, class Action, labor
J. Chen preserves a labor class action against Skechers, the shoe manufacturer, which was sued by a stockroom associate for untimely wages, finding the employee has standing and is provided a private right of action under sections of New York Labor Law.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 15, 2024, Case #: 1:23cv1055, NOS: Other Labor Litigation - Labor, Categories: class Action, labor
J. Self denies the farmer's motion for conditional class certification in a putative class action alleging that the chicken company violated the Fair Labor Standards Act by misclassifying farmers as independent contractors and by failing to pay minimum wage and overtime. The farmer failed to show that a substantial number of people in the proposed class of more than 1,300 farmers want to opt in to the collective action. The individual, the only opt-in plaintiff, is dismissed from the action and the farmer will proceed on his individual claims.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: March 14, 2024, Case #: 5:22cv268, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Treadwell grants four employees' motion for default judgment against the employer in a class action alleging that the employer violated the Fair Labor Standards Act by failing to provide overtime pay. Judgment is entered against the employer in the amount of $131,000. The employees' testimony confirmed their allegations that the employer knew they worked more than 40 hours per week but failed to compensate them appropriately. The employer retaliated against two employees after they complained about their overtime compensation by reducing their hours and firing one. The employees are entitled to $36,000 in attorney fees.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: March 13, 2024, Case #: 5:21cv95, NOS: Fair Labor Standards Act - Labor, Categories: class Action, labor
J. Pryor finds that the district court properly dismissed the volunteer golf attendants’ putative class action against the county alleging that the county’s use of their services at a county-owned golf club violated the minimum wage and anti-retaliation provisions of the Fair Labor Standards Act and the Florida Minimum Wage Act. The district court correctly found that the attendants were public agency volunteers, not employees. The attendants received reasonable benefits for their services in the form of discounted rounds of golf and were not promised any compensation. The attendants did not have an objectively reasonable expectation of compensation. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 12, 2024, Case #: 23-11065, Categories: class Action, labor
[Consolidated.] J. Kethledge finds the pizza restaurants cannot use the reasonable approximation rule of the Fair Labor Standards Act to determine the reimbursement rate paid to delivery drivers for vehicle expenses. The rule is intended for application only to overtime rate calculations and would likely result in a failure to pay the drivers minimum wage during regular wage hours. However, the IRS reimbursement rate for mileage is also unsuitable because vehicle maintenance and gas costs differ widely across the country. Therefore, the district court orders in both cases - one in favor of the drivers and one in favor the restaurants - will be vacated and the cases remanded to determine a suitable method for determining adequate reimbursement rates. Reversed.
Court: 6th Circuit, Judge: Kethledge, Filed On: March 12, 2024, Case #: 22-2119, Categories: class Action, labor
J. Nagala grants the employees' motion for class certification, ruling that although the class members were employed by FedEx for different periods of time and had minor differences in their job duties, they were all subject to the same pre-work security screenings and satisfy commonality requirements.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 8, 2024, Case #: 3:21cv1644, NOS: Other Labor Litigation - Labor, Categories: Evidence, class Action, 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. Seybert sends a class action to arbitration to resolve federal and state labor law claims for unpaid overtime wages and failure to provide wage statements. The litigant claimed he could not be bound by the arbitration agreement because it was not provided to him in Spanish, his primary language. However, the employer presented documentation that shows he signed a document, written in Spanish, that stated he had read and understood the company’s employee handbook, which contained the company’s arbitration agreement; therefore he is bound by the arbitration agreement.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 6, 2024, Case #: 2:21cv4518, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, class Action, labor
J. Pulliam adopts a report and recommendations and denies partial summary judgment to a oilfield services company after it was sued by former workers in a class action for allegedly failing to pay overtime. At dispute in this case is whether employee pay by the company constitutes “a salary plus a bonus or a salary plus a day rate.” The company argued that a previous judge failed to comply with precedent on wage laws, but in fact it is the company that misreads precedent.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: March 5, 2024, Case #: 5:21cv142, NOS: Fair Labor Standards Act - Labor, Categories: Employment, class Action, labor
J. Watson grants the class's motion for final approval of its settlement agreement, ruling it meets all commonality and typicality requirements, while the settlement amount will adequately compensate employees for unpaid overtime and avoid a protracted litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:20cv2152, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, class Action, labor
J. Watson grants, in part, the employer's motion for summary judgment, ruling the two-year statute of limitations will apply to all Fair Labor Standards Act claims brought in the lawsuit by the class of delivery drivers because the employer's potential misclassification of the drivers was not willful conduct. Rather, the company's owner testified he was unaware of similar lawsuits filed by Amazon delivery drivers and based the classification on his previous experience as a delivery driver.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: February 29, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, class Action, labor