49 results for 'cat:"Employment" AND cat:"Class Action" AND cat:"Labor"'.
J. Boyle grants a class of migrant farm workers’ motion for certification in this Fair Labor Standards Act suit against their employers, which allegedly did not pay for their temporary work visas, travel or the wage agreed upon for hours worked, and the employers allegedly confiscated the workers’ Social Security cards and passports. The class members have shown sufficient evidence of the employers’ violations of Act and are also granted their motion for disclosure of contact information of potential opt-in class members.
Court: USDC Western District of North Carolina, Judge: Boyle, Filed On: October 25, 2023, Case #: 5:22cv491, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, labor
J. Bucklo grants an exotic dancer’s motion to dismiss breach of contract and specific performance counterclaims, which her former employer, a strip club, has brought against her. The court also denies the strip club’s motion to remove the exotic dancer as the representative of the putative class pursuing this labor action against it. The dancer, speaking for her class, claims the club wrongly classifies its workers as contractors rather than employees in order to deny them fair pay and benefits, and forces them to hand over a portion of the tips they earn on the job. The club countered that the dancers breached their contracts by failing to accurately record all their tips, but the court finds the club has not shown it has suffered any material harm from this alleged omission. The court also finds the club has not put forward a sufficient reason to exclude the dancer as her class representative.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: October 13, 2023, Case #: 1:20cv5321, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, labor
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J. Barrett grants the class of logistics account executives' motion for summary judgment, ruling the evidence shows they were not exempt from the Fair Labor Standards Act and the employer was required to pay overtime because their primary job was not management of the company's business operations. Although brokering loads is essentially the core business of the employer, the account executives effectively worked as sales employees and do not fall within the administrative exception of the Act; therefore, the employer must pay liquidated damages to compensate the employees for unpaid overtime.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 26, 2023, Case #: 1:10cv649, NOS: Other Statutory Actions - Other Suits, Categories: employment, class Action, labor
J. Anderson finds that the individual plaintiffs have not shown that they are similarly situated for purposes of a collective action under the Fair Labor Standards Act. They will be allowed to submit "additional briefing on the decertification issues," however, in their suit over overtime pay.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: September 20, 2023, Case #: 1:19cv1106, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, labor
J. D'Agostino finds in favor of the owner of a now-defunct Japanese and Chinese restaurant located in Albany and dismisses a class action and putative collective unpaid wages lawsuit brought by a group of restaurant employees. The employees did, in fact, receive wages beyond what federal law requires when including the $1,000 they each received in lodging expenses.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 19, 2023, Case #: 1:17cv148, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, labor
J. Trauger partially grants the employee's motion as to the issuance of "court-facilitated notice to potential plaintiffs of this collective action." The employee alleges violations of the Fair Labor Standards Act, specifically relating to the company's meal break deduction policy, and he has sufficiently presented evidence of "other similarly situated employees."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 18, 2023, Case #: 3:23cv210, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, labor
J. D'Agostino refrains from conditionally certifying a putative collective and class action against Ollie's Bargain Outlet, one of the largest outlet retailers in the country, alleging its co-team leaders were improperly classified as exempt and were not paid overtime compensation. The employee fails to provide any evidence that would suggest he and other proposed members were improperly classified as exempt on a nationwide scale.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 15, 2023, Case #: 5:22cv279, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, labor
J. Brann grants class certification to approximately 400 Shop-Vac factory workers seeking damages under under the Worker Adjustment and Retraining Notification Act based on claims that they had been terminated without severance pay and lost health care coverage without notice when the corporation shuttered the Williamsport manufacturing plant. Employees who signed an arbitration agreement upon being re-hired by Shop-Vac's successor may join as subclass plaintiffs because they are sufficiently similar in numerosity and common interests.
Court: USDC Western District of Pennsylvania, Judge: Brann, Filed On: September 14, 2023, Case #: 4:21cv976, NOS: Other Labor Litigation - Labor, Categories: employment, class Action, labor
J. Chen grants summary judgment to a Chinese noodle shop on an employee’s class action wage-and-hour claims, finding the restaurant does not qualify as an “enterprise” under the Fair Labor Standards Act. However, the employee’s retaliation claims survive.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: September 6, 2023, Case #: 1:20cv2266, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, labor
J. Kocoras denies both a meatpacking company’s motion to dismiss its employees’ labor claims against it, and the employees’ motion to certify a class. The named employees claim the company underpaid them for their work hours during the Covid-19 pandemic. While the court finds they have sufficiently alleged their charges to pursue them on an individual basis, it finds many of their proposed class members were made aware of a settlement in another, nearly identical case but declined to opt in. Including those who declined the first settlement in a new class, the court opines, would be a waste of judicial resources.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: August 22, 2023, Case #: 1:22cv1937, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, labor
J. Rice denies the delivery drivers' motion for conditional class certification, ruling the lack of evidence FedEx had any control over their employment with third-party intermediary companies prevents the drivers from being grouped together as a class, especially considering FedEx did not pay them and did not have the authority to fire them.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: July 25, 2023, Case #: 3:20cv346, NOS: Fair Labor Standards Act - Labor, Categories: employment, class Action, 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. 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