4,470 results for 'cat:"Employment"'.
J. Patterson finds that the appellate division improperly held that a real estate salesperson was subject to the state's employee classification statute in claims contending fees and expenses had been unlawfully deducted from his commissions based on his misclassification as an independent contractor. The state legislature has amended the Brokers Act to require business affiliation agreements to prevail even if they conflict with other laws or regulations, and because the salesperson agreed in writing to affiliate with the company as an independent contractor, he is not subject to the so-called "ABC" employment test. Reversed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: May 13, 2024, Case #: A-48-22, Categories: employment
J. Love finds that the trial court should not have denied a public university's motion for summary judgment on a professor's claim for unpaid wages because the university is not a proper defendant, and it may be sued through the proper defendant, which is its Board. However, the university administrators do not have immunity because there are genuine issues of material fact that they acted fraudulently, intentionally, or willfully to misrepresent to the professor that his base salary would remain at $145,000. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 13, 2024, Case #: 2023-CA-0798, Categories: employment, Contract
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J. Harjani partially grants Veterans Affairs’ motion for summary judgment on one of its former social worker’s claims that the VA didn’t honor her multiple disability accommodations. The court tosses several of the former social worker’s failure to accommodate, age and sex discrimination, retaliation and hostile work environment claims, but finds factual disputes preclude judgment on other, similar allegations.
Court: USDC Northern District of Illinois, Judge: Harjani, Filed On: May 13, 2024, Case #: 1:20cv2710, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Kirsch finds for a company in claims contending a marketer had been fired for reporting racial discrimination and interference with family medical leave because she failed to rebut nondiscriminatory reasons for termination provided by the employer. Meanwhile, claims contending the employee had been wrongfully removed from the list of nominees for the president's award should be dismissed as time-barred, and evidence does not support claims that supervisors acted with racial animus. Finally, the record does not indicate the employee's discrimination complaints had any connection to employees who investigated her for compliance violations.
Court: USDC New Jersey, Judge: Kirsch , Filed On: May 13, 2024, Case #: 3:20cv4991, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
Per curiam, the Vermont Supreme Court finds the employment security board properly adopted a decision by an administrate law judge that this employment appeal was untimely filed. The employee alleges the pandemic, her health and a mailing delay were the reasons her appeal was past the 30 days allowed for filing. The court holds that her reasons do not qualify as valid ground to extend the appeal period. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-259, Categories: Administrative Law, employment
J. Brailsford grants a city and mayor's motion for summary judgment regarding a former city public works director's First Amendment retaliation claim and state-law claim for violation of the Idaho Protection of Public Employees Act. The former director claims that the mayor asked him to resign after he backed a different candidate for mayor, then tried to get the city council to remove him from his position, excluded him from work, and removed some of his work responsibilities, leading the director to resign. The director has not presented sufficient evidence of retaliation. His communications advocating for a city administrator position, which would alter the mayor's job responsibilities, were not protected speech because they were spoken in his capacity as a public employee. The director does not assert that his work conditions were intolerable and has not provided evidence that he felt compelled to resign.
Court: USDC Idaho, Judge: Brailsford, Filed On: May 10, 2024, Case #: 4:22cv366, NOS: Employment - Civil Rights, Categories: employment, employment Retaliation
J. Bybee finds that the district court properly issued an order compelling arbitration for California Private Attorneys General Act (PAGA) individual claims brought by a class lead plaintiff and vacated the order to the extent it compels arbitration of her non-individual claims. The matter is remanded to the district court to dispose of the non-arbitrable claims. The matter is a class action under PAGA for violations of California’s labor code. Affirmed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: May 10, 2024, Case #: 22-56209, Categories: Arbitration, employment, Class Action
J. Nelson issues a judgment of $141,300 against USPS for firing an employee after she reported a workplace-related injury. USPS fired the employee within 21 days of her protected activity and just 11 days before her probationary period would end, and USPS never trained the employee on how to use the boat hook that ultimately injured her.
Court: USDC Oregon, Judge: Nelson, Filed On: May 10, 2024, Case #: 3:21cv1454, NOS: Other Labor Litigation - Labor, Categories: employment, Labor
J. Rodriguez denies the city's motion for a protective order restricting the former commander from questioning witnesses about certain documents during upcoming depositions and excluding those documents from the commander's employment discrimination lawsuit. The documents, which include emails from city employees relating to various internal investigations, were sent to the former commander anonymously. The city has not established that these documents were ever in the city's possession or that they were illegally intercepted. Nor has the city provided any declarations to support assertions of attorney-client privilege.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: May 10, 2024, Case #: 3:22cv526, NOS: Other Civil Rights - Civil Rights, Categories: Discovery, employment Discrimination
J. Cavanagh finds that coworkers of the husband of a corrections employee were allowed to continue discrimination claims after the wife filed retaliation claims against the state department of corrections. The husband, who was also employed by the department, experienced alleged retaliation due to his wife's action, and his coworkers, who were also his friends, were terminated in the fray.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: May 10, 2024, Case #: 164862, Categories: employment Discrimination, employment Retaliation
J. Rothstein remands the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant does not plausibly allege a cause of action, because while a job posting that does not contain compensation information is a technical violation, it does not harm or create a material risk of harm. The applicant lacks Article III standing, so the court does not have subject matter jurisdiction.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: employment, Jurisdiction, Class Action
J. Rothstein finds in favor of the construction company against the commercial dump truck driver's complaint that the construction company issued him workplace safety citations that were actually a pre-text to fire him for reporting discriminatory conduct. There is no evidence on record that the construction company's legitimate, non-discriminatory reasons to fire the dump truck driver were pre-textual, as he received multiple written warnings about his unsafe conduct.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv815, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination
J. Rothstein remands the job applicant's complaint that the temp agency violated Washington law by not disclosing the wage scale or salary range of its job openings. The job applicant does not plausibly allege a cause of action, because while a job posting that does not contain compensation information is a technical violation, it does not harm or create a material risk of harm. Therefore, the applicant lacks Article III standing and the court does not have subject matter jurisdiction.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv1680, NOS: Employment - Civil Rights, Categories: Civil Rights, employment, Jurisdiction
J. Rothstein remands the job applicant's complaint alleging that the equipment company did not include the wage scale, salary range or general description of benefits for its job openings in violation of Washington state law. A job posting that does not provide compensation information is a technical violation, which by itself does not create concrete injury. Because the applicant lacks Article III standing, the court lacks subject matter jurisdiction and the case must be remanded to superior court.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:24cv175, NOS: Employment - Civil Rights, Categories: Civil Rights, employment, Jurisdiction
[Consolidated.] J. Caldwell finds that the lower court improperly found for three police officers in whistleblower claims contending they suffered retaliation for reporting concerns about evidence theft because jury instructions failed to require a finding that the state police had subjected each officer to personnel actions or punishment. Reversed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: May 10, 2024, Case #: 2022-CA-1028-MR, Categories: employment, Jury, Whistleblowers
J. Zmuda finds the lower court erroneously denied the superintendent's motion for summary judgment on defamation claims brought by the principal. The statements about accusations of sexual harassment and inappropriate touching of students were made only after a complete investigation and were not reckless or malicious, given that they included only verbatim statements from the investigative report; therefore, the superintendent was entitled to political subdivision immunity. Reversed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: May 10, 2024, Case #: 2024-Ohio-1798, Categories: employment, Immunity, Defamation
J. Immergut dismisses the medical device company's lawsuit claiming that its former account manager's allegations that it violated several provisions of California law, including California’s Fair Employment and Housing Act, do not fall under California law. The company's suit "is the kind of 'reactive declaratory action' that federal courts 'should generally decline to entertain.'"
Court: USDC Oregon, Judge: Immergut, Filed On: May 10, 2024, Case #: 3:24cv356, NOS: Employment - Civil Rights, Categories: employment, Jurisdiction
J. Block grants judgement to the New York City Transit Authority on a former bus maintainer’s employment retaliation complaint. He claims it refused to rehire him after a jury returned a verdict in his favor on claims that he was fired after reporting a document adorned with Nazi symbols at a workplace copier machine. The court finds the decision not to rehire him was not retaliatory, as the maintainer fails to present any evidence that suggests those involved in the decision knew of his lawsuit.
Court: USDC Eastern District of New York, Judge: Block, Filed On: May 10, 2024, Case #: 1:21cv4255, NOS: Employment - Civil Rights, Categories: employment Retaliation