329 results for 'cat:"Employment" AND cat:"Labor"'.
J. Nelson grants Acting Secretary of Labor Julie Su's motion that the court take notice that Su filed pending motions against the United States Postal Service, as Su is also accusing USPS of firing an employee after she reported her workplace injury in violation of the Occupational Safety and Health Act. Su filed five other cases against USPS that also relate to allegations that USPS filed its employees under dubious circumstances, such as firing one probationary employee 14 days after they reported an injury.
Court: USDC Oregon, Judge: Nelson, Filed On: April 12, 2024, Case #: 3:21cv1454, NOS: Other Labor Litigation - Labor, Categories: employment, labor
J. Talwani denies a real estate services company’s motion to transfer a class action brought against it by former employees to the Eastern District of Michigan, or to dismiss the claims of any members of the class not from Michigan. The forum selection clause of the company’s severance agreement only applies to claims related to the severance agreement, not to state laws regarding proper overtime pay.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 12, 2024, Case #: 1:23cv11639, NOS: Fair Labor Standards Act - Labor, Categories: Labor"&_page=1'>employment, Workers' Compensation, labor
J. North grants a request by two employees who prevailed in an overtime-pay suit against their employer at a residential heating, air conditioning, and ventilation installer, awarding them $23,000 in attorney fees and costs. The requested $37,000 in fees and costs is reduced, in part, by a reduction in hourly rates.
Court: USDC Eastern District of Louisiana , Judge: North, Filed On: April 10, 2024, Case #: 2:22cv3953, NOS: Fair Labor Standards Act - Labor, Categories: employment, Attorney Fees, labor
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J. Arterburn finds the district court properly denied the union’s motion for declaratory judgment and its application to vacate an arbitration award resulting from the labor dispute. The dispute arose from certain positions being reclassified, resulting in the employees being required to work holidays they previously had off. The arbitrator found the human services agency could change the holiday schedule if it negotiated with the union in compliance with the labor agreement. The arbitrator did not award the union's request to return to the previous holiday schedule but did specify steps to be taken before implementing the change. This is a final ruling, and the union’s assertion that the arbitrator failed to rule is without merit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 9, 2024, Case #: A-23-603, Categories: Civil Rights, employment, labor / Unions
J. Stras finds a lower court properly ruled in favor of the National Labor Relations Board on bad faith claims against a meat processor. The meat processor argued that it properly negotiated with the union. However, the board sufficiently showed in court that the meat processor attempted to strong arm workers to support a collective bargaining agreement that may have been unreasonable. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: April 8, 2024, Case #: 23-1895, Categories: employment, labor / Unions
J. Milkey affirms a state commission’s finding that a union discriminated against a woman who applied for a job as a forklift operator based on her sex, after it hired an underqualified male over her for the position, then — when attempting to defend its decision — the union treasurer said the women the union typically hired didn’t complain and “knew their place.” The union didn’t offer any credible explanation for the discrepancy in how the woman was treated in comparison to the less-qualified male applicant who was chosen. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: April 3, 2024, Case #: 23-P-83, Categories: employment, employment Discrimination, labor / Unions
J. Volk grants the coal miner's post-trial motion to file a retainer agreement under seal, and the order awarding attorneyfees and expenses in the successful class action brought against the two management and three coal companies for violations of the Worker Adjustment and Retraining Notification Act. The companies failed to provide notice to the full-time employees of the Burke Mountain Mine Complex in McDowell County of an impending lay-off of more than 50 employees in October 2019. The court amends its judgment order to include the language "This judgment applies to the 164 miners to whom Rule 23(c)(2) notice was directed, none of whom has requested exclusion, and whom the Court finds to be members of the certified class in this matter" and reflect a total award of $1,738,743, a statutory fee award of $110,992 and $45,593 in expenses, and $15,000 to the miner as class representative service fee, with an order to file an amended notice of class judgment by April 15. Additionally, the court denies the companies' renewed motion for judgment as a matter of law or in the alternative a new trial.
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: March 31, 2024, Case #: 5:20cv165, NOS: Other Labor Litigation - Labor, Categories: employment, Class Action, labor
J. Hall rules in favor of a Brooklyn nightclub and dismisses a bartender’s labor law complaint alleging claims for unpaid wages, unlawful deductions, wage statement and notice violations and retaliation. The complaint fails to provide any documentation showing the nightclub earned more than $500,000 in annual revenue, therefore it is not a covered employer under Fair Labor Standards Act.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:20cv2842, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor
J. Tiscione grants summary judgment to an octogenarian and his son, who were sued by the woman they paid to take care of the elder man at his home for four years. She says they failed to pay her overtime, but the court finds she was covered by the companionship services exception to the Fair Labor Standards Act, which applies to jobs that primarily involve light housework for older or infirm clients.
Court: USDC Eastern District of New York, Judge: Tiscione, Filed On: March 28, 2024, Case #: 2:21cv550, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor
J. Kendall grants an elevator mechanic union’s motion for summary judgment on a union member’s claims against it. The union member claims the union actively sabotaged his attempt to win his job back from his former employer, and protected the discriminatory behavior by his former employer that resulted in his termination. The court finds that all available evidence points to the union making a good faith effort to help its member, despite his claims to the contrary.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 28, 2024, Case #: 1:20cv7696, NOS: Labor/Management Relations - Labor, Categories: employment Discrimination, labor / Unions, labor
J. Pepper partially grants the employee's motion for partial summary judgment in her class action claiming the memory care facility violated the Fair Labor Standards Act and Wisconsin wage law by failing to pay employees for time spent undergoing Covid-19 screenings and making unlawful pay deductions for meal breaks. The employee's motion is granted with relation to the Covid-19 screenings, and it is found as a matter of law that the time spent doing the screenings was "indispensable and integral" to the work of the employee and others in her position. The employee's motion for reconsideration regarding the opt-in time period in the notice of suit sent to class members is granted, and her motion to reopen discovery is partially granted so more discovery can take place regarding class members.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 28, 2024, Case #: 2:21cv358, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor
J. Merle dismisses a complaint against UPS and a Teamsters union chapter alleging unlawful discharge and unfair labor practices. The majority of the UPS worker’s claims were considered on their merits in a prior case regarding his termination in 2011, and are thus barred under res judicata. The court further finds UPS’s decision not to hire him again in 2022 did not violate his collective bargaining agreement or a separate settlement agreement.
Court: USDC Eastern District of New York, Judge: Merle, Filed On: March 28, 2024, Case #: 1:22cv6925, NOS: Employment - Civil Rights, Categories: employment, Settlements, labor
J. Bulsara rules on a motion for partial summary judgment and finds in favor of a female bartender on her two wage statement violation claims against a New York City gentlemen’s club, awarding her $10,000 in statutory damages. She provides enough evidence to show both that she was not provided a wage notice within her first 10 days of employment and that her wage statements failed to list basic wage information. The court preserves her remaining claims for trial.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: March 27, 2024, Case #: 1:21cv3766, NOS: Fair Labor Standards Act - Labor, Categories: employment, Business Practices, labor
J. Donnell declines to enter judgment in favor of the U.S. Department of Labor on the department’s Fair Labor Standards Act complaint alleging two companies, which provide “spotholding” services for a New York energy company, willfully misclassified its employees as independent contractors to get out of paying overtime wages. The court is unable to make a determination as to whether the litigants were in fact employees or independent contractors.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:21cv57, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Alston grants the IT recruitment company's motion to dismiss. The company's model offers young IT professionals premium training in the field with the guarantee that they will be contracted to Fortune 500 companies afterward. Several recruits claim they work 40-hour-plus weeks on minimum wage for over three months while completing their training. Recruits also sign contracts preventing them from quitting during the training period or the first few years working with a client without paying thousands of dollars in penalties. Because the recruits haven't quit or been terminated, they have yet to pay any penalties, making their claims toothless.
Court: USDC Eastern District of Virginia, Judge: Alston , Filed On: March 27, 2024, Case #: 1:23cv491, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor
J. Watson denies, in part, the employer's motion to dismiss, ruling that although the employees who filed suit are undocumented immigrants, they are not precluded from bringing minimum wage claims under the Fair Labor Standards Act. However, the unjust enrichment claims against the individual owners of the employer must be dismissed because there are no allegations the employees performed any work directly for the owners.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:23cv3540, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor
J. Dudek partially grants the employees' motion to certify a class in their proposed class action alleging failures to pay minimum and overtime wages. The employees have shown that there is a desire among other employees to opt in to their suit and that the proposed collective members are similarly situated with regard to their pay provisions and job requirements. A request for expedited discovery, seeking a complete list of people and entities the employers employed to provide security in the relevant job sites, is proper, but a request to toll the statute of limitations to run from the date this action was filed is denied since the existing statute of limitations period is not scheduled to trigger for six months and the employees have not shown that acceleration of that period is necessary.
Court: USDC Middle District of Florida, Judge: Dudek, Filed On: March 26, 2024, Case #: 2:23cv544, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Komitee issues his findings of fact following a bench trial and rules in favor of four car wash attendants on their unpaid-wages and retaliation claims against a Brooklyn-based car wash. The court awards each litigant $3,000 in damages for their state labor law retaliation claims, prejudgment interest, plus individualized awards for unpaid wages and misappropriated gratuities.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 20, 2024, Case #: 1:13cv6085, NOS: Fair Labor Standards Act - Labor, Categories: employment, Damages, labor