82 results for 'cat:"Employment" AND cat:"Damages"'.
J. Gravelles, ruling after a bench trial, finds that a home health care business failed to give its fired supervising employee the required 15 days to obtain certification of her illness, major depression, for medical leave. No reasonable person would conclude that the employer acted appropriately in giving its employee just one day to provide medical documentation considering the “clear allowance” for 15 days, under federal law. The fired manager, who earned $12 per hour, is entitled to back pay totaling $132,000 with interest since her termination in 2018, an equal amount of damages for breach of contract, and attorney fees and costs.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 26, 2023, Case #: 3:20cv156, NOS: Family and Medical Leave Act - Labor, Categories: employment, Health Care, damages
J. DeGravelles denies summary judgment to the owner of an offshore production platform on its argument that is entitled to immunity from liability as the borrowing employer of a worker injured while working as part of a “human chain” to move grocery boxes from pallets to storage locations on the structure. There is conflicting evidence regarding whether the conduct of contractors on the platform modified the contract provision purporting to prohibit borrowed employee status and disputes of fact regarding the control the various contractors exercised, during the incident.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 21, 2023, Case #: 3:22cv15, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Immunity, damages
J. Harjani denies the Chicago Transit Authority’s motion for a new trial on liability and damages, damages alone or a remittitur on jury award, stemming from the underlying race discrimination and retaliation case brought by an electrician. At trial, the jury returned a split verdict by finding the transit agency not liable for race discrimination, but siding with the electrician on his retaliatory harassment claims and awarding him $99,000 in damages. The court finds that a new trial is not warranted because nothing in the jury’s verdict was against the manifest weight of the evidence.
Court: USDC Northern District of Illinois, Judge: Harjani, Filed On: August 10, 2023, Case #: 1:20cv6093, NOS: Employment - Civil Rights, Categories: damages, employment Discrimination, employment Retaliation
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J. Summerhays denies summary judgment to Home Depot on its argument that two customers, allegedly injured by falling PVC pipes, have not produced any evidence — such as W2 forms, pay stubs or bank records — to support wage loss claims arising from their respective post-accident back surgeries. The store customers’ claim for loss of past earnings need not be proven with “mathematical certainty.” Their deposition testimony that they missed three months of work in order to recover from surgery creates a genuine issue of material fact as to lost earnings.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: July 28, 2023, Case #: 6:22cv642, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Evidence, damages
J. Alexander finds the appeals court properly upheld the award of damages to the truck driver for lost wages after he was fired for expressing concerns about the safety of his employer's vehicles. The employer provided no rebuttal evidence for the driver's testimony about his pay rate, length of unemployment, or the number of miles he averaged per week while driving for the employer. Although the driver did not provide specific evidence to support his unpaid wages claim, the jury was in the best position to determine his credibility, and the lack of rebuttal evidence made the award reasonable and supported by the evidence in the record. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: July 28, 2023, Case #: SC20718, Categories: Jury, damages, employment Retaliation
J. Harris finds the lower court properly awarded damages to the employees. The food distributor could not prove that the employees, labeled as sales representatives despite the majority of their job being inventory and promotions, were covered by the outside sales exemption and therefore were not owed overtime wages. Affirmed.
Court: 4th Circuit, Judge: Harris , Filed On: July 27, 2023, Case #: 21-2897, Categories: employment, damages, Labor
J. Zukin holds that that the trial court properly found an employee was fired for refusing to continue to perform work on a holographic entertainment production that he reasonably believed would be unlawfully dangerous. And the $7 million damages award, which included $6 million in punitive damages, was supported by evidence of the employer's reprehensible disregard of warnings about dangers to the health and safety of workers and attendees. The employer also exhibited malice by screaming obscenities and homophobic epithets while firing the employee in front of coworkers. Affirmed.
Court: California Courts Of Appeal, Judge: Zukin, Filed On: July 14, 2023, Case #: B317334, Categories: damages, employment Retaliation
J. Forst finds that the trial court improperly granted plaintiff leave to add punitive damages in claims contending her employer negligently hired a coworker who "brushed" against plaintiff's parked car with his vehicle after admittedly having a few drinks at lunch, as plaintiff failed to demonstrate the "dealership managing agent" was negligent in hiring her coworker. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: June 21, 2023, Case #: 4D22-2507, Categories: employment, damages, Negligence
J. Cain grants the U.S. government’s motion to dismiss a neo-Nazi prison gang member’s million-dollar suit against a federal prison in Louisiana, arising from injuries sustained in a razor slashing attack by an inmate from a notorious Mexican gang, despite the litigant declaring his rival gang affiliation to a prison screening officer. The litigant-prison gang member fails to overcome the government’s assertion of immunity from liability.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: June 7, 2023, Case #: 2:22cv1184, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: employment, Government, damages
J. Boardman grants a construction worker his claim that his employer violated the FLSA when it did not pay him for overtime. The worker’s claims are true, so the firm and its owner owe him over $8,000 in unpaid wages. However, the owner’s wife does not own any part of the firm and so cannot be sued.
Court: USDC Maryland, Judge: Boardman, Filed On: June 5, 2023, Case #: 1:19cv2317, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages, Business Practices
J. Quereshi grants a joint motion for a settlement between a grocery store and one of its former clerks following FLSA violation allegations. The clerk, who was not compensated for almost 500 hours of time-and-a-half and over $23,000 in tips, is awarded $68,000 total, including attorney fees and costs.
Court: USDC Maryland, Judge: Quereshi, Filed On: June 1, 2023, Case #: 8:22cv1460, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages, Attorney Fees
J. Broderick finds for the employees in a wage and hour suit, entering a default judgment against the employer. The employees shall be awarded damages of $10,000, plus attorneys fees of $3,300.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 24, 2023, Case #: 1:18cv2843, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages