4,470 results for 'cat:"Employment"'.
J. Rice denies the employee's motion for sanctions, ruling his claim regarding the university's failure to preserve certain discovery documents in their "native format" is entirely speculative and, in any case, is not premised on any sort of prejudice to his case or the lawsuit in general.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: May 14, 2024, Case #: 3:18cv358, NOS: Employment - Civil Rights, Categories: employment, Sanctions, Discovery
J. Hanen finds that an employee, who claims that his employer discriminated against him for based on a disability when the employer fired the employee after he requested accommodation that would allow him not to wear a mask because of his asthma, has not proven that this was the cause of his termination. The employer presented evidence that the employee was terminated for a separate incident of insubordination and the employee has not met his burden to prove that there was a mixed motive or that the motive was related to the mask mandate. The employer’s motion for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: May 14, 2024, Case #: 4:21cv3324, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
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J. Fasciale finds that the appellate division improperly allowed employees to continue claims contending they had not been paid for pre- and post-shift work because the cited amendments to state wage payment law were not in effect when the alleged violations occurred and were not intended to be applied retroactively. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: May 14, 2024, Case #: A-3-23, Categories: Civil Procedure, employment
J. Cogburn grants a health insurance marketplace’s motion to dismiss race discrimination allegations brought by a senior benefits advisor after her supervisor used the N-word during a meeting. The adviser, a Black woman, reported the incident to a higher-up and confronted her supervisor directly to no avail. She argues that equitable tolling should apply to her time-barred filing of her revised complaint because the marketplace agreed to mediation, so she voluntarily withdrew her initial complaint. However, the marketplace agreed to arbitration, not mediation, and regardless this should not have had any influence on the advisor’s decision to withdraw the initial complaint. Equitable tolling will not be applied.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:23cv791, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination
J. Pan reversed, in part, the district court's dismissal of a former Census Bureau employee's claim arising from his retirement, which he claims he took per a settlement agreement after the bureau began procedures to fire him. The district court did not consider the worker's discrimination claims.
Court: DC Circuit, Judge: Pan, Filed On: May 14, 2024, Case #: 22-5319 , Categories: employment, employment Discrimination
J. Dlott denies both summary judgment motions, ruling the employee is not entitled to judgment on his failure to accommodate claim. It was not pleaded separately from the Americans with Disabilities Act retaliation claim and is intertwined with that claim such that they must be decided together. Meanwhile, emails between management employees create a question of fact as to whether the employer believed the employee was disabled after a stroke affected his quality of work, while evidence of similarly-situated employee who were never disciplined for similar quality control issues allows the suit to proceed.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: May 14, 2024, Case #: 1:19cv999, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Evidence, employment Discrimination
J. Holcomb grants final approval of a class action settlement in a wage-and-hour class action. Class counsel adequately represented the proposed settlement class. The settlement amount of $2.85 million is adequate, fair and reasonable. The method for distributing relief is adequate. The treatment of class members is equitable. $832,199 is awarded in attorney fees, $20,038 is awarded in litigation costs, $26,000 is awarded for administrative costs, and the two named plaintiffs are awarded $10,000 and $7500.
Court: USDC Central District of California, Judge: Holcomb, Filed On: May 14, 2024, Case #: 5:21cv287, NOS: Labor/Management Relations - Labor, Categories: employment, Class Action
J. Proctor denies, in part, the board of trustees, an employee relations representative and an administrative employee’s motion for summary judgment in this employment dispute stemming from a former research scientist from Iran alleging discrimination, harassment and retaliation after she was arrested for an altercation with a supervisor. She alleges racial and national origin harassment and retaliation claims. She fails to exhaust her administrative prerequisites or presented enough evidence making her discrimination and harassment claims viable against the board, but the termination is an adverse action that sustains her retaliation claims.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: May 14, 2024, Case #: 2:21cv1302, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Pan reversed, in part, the district court's dismissal of a former Census Bureau employee's claim arising from his retirement, which he claims he took per a settlement agreement after the bureau began procedures to fire him. The district court did not consider the worker's discrimination claims.
Court: DC Circuit, Judge: Pan, Filed On: May 14, 2024, Case #: 22-5319 , Categories: employment, employment Discrimination
J. Hanen finds that an employee, who claims that his employer discriminated against him based on his race by failing to promote him and by terminating his employment, has not shown evidence of unequal treatment. The employee had received several valid complaints from other workers and he was not replaced by someone from a non-protected class so the employee has not met his burden to provide evidence of discrimination. The employer’s motion for summary judgment is granted.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: May 14, 2024, Case #: 4:22cv1523 , NOS: Employment - Civil Rights, Categories: employment, employment Discrimination
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Covid-19, employment Discrimination
J. Rose denies the employer's motion for summary judgment, ruling a determination of whether the Christian employee's objection to the Covid-19 vaccine was a sincerely held religious belief requires a credibility assessment that cannot be made at this stage of litigation, while neither party has submitted evidence of whether a reasonable accommodation was available or offered at the time of her termination.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: May 13, 2024, Case #: 3:22cv370, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Covid-19, employment Discrimination
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. Gwin grants the city's motion for judgment on the pleadings, ruling the police officer's state and federal discrimination claims must be dismissed for a failure to exhaust his administrative remedies. He has yet to receive a "right to sue" letter from the EEOC. Meanwhile, because the officer details the actions of only a single individual in his complaint regarding an alleged conspiracy to remove him from the rank of commander, his civil conspiracy claim fails.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: May 13, 2024, Case #: 1:23cv2193, NOS: Employment - Civil Rights, Categories: Civil Procedure, employment Retaliation
J. Atchley dismisses this employment discrimination lawsuit following a bench trial. The employee sought prospective injunctive relief against certain individual defendants, alleging discrimination and retaliation under the Age Discrimination in Employment Act, in connection with her reassignment to "a position she felt was less desirable." However, she failed to introduce evidence of her age or show a "proper comparator."
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: May 13, 2024, Case #: 3:21cv270, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. DeGiusti denies the former employee's motion for partial summary judgment in this lawsuit stemming from the termination of her employment. Specifically, the former employee contends that she is entitled to judgment on her retaliation claim under the Fair Labor Standards Act. However, she presents "evidence of two distinct retaliatory motivations for her termination," and her motion also fails to address "the issue of each defendant's liability."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: May 13, 2024, Case #: 5:22cv917, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Gilliam grants final approval to a $725,000 class settlement with Hyatt Corp. over claims of unpaid overtime wages from their security guards. The terms appear fair and include $180,000 in attorney fees.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: May 13, 2024, Case #: 4:22cv693, NOS: Other Labor Litigation - Labor, Categories: employment, Settlements, Class Action
J. Kugler rules against a company in claims contending an employee had been laid off without proper notice because employees had been told they were being terminated effective immediately. Even if the company was then sold to another party, the sale-of-business exclusion did not apply because workers who had been laid off were not employed by the new company.
Court: USDC New Jersey, Judge: Kugler , Filed On: May 13, 2024, Case #: 1:23cv3136, NOS: Other Labor Litigation - Labor, Categories: employment