329 results for 'cat:"Employment" AND cat:"Labor"'.
J. Wolford dismisses some claims in the police officer's complaint alleging that he was discriminated against and forced to resign after he identified other officers who were violating penal law and was told by coworkers to "keep his mouth shut." The officer fails to cite language in the collective bargaining agreement that gives individual employees obligations to enforce any issue against the union, and there is no proof the union is a state actor or was engaged in joint activity with the city. However, it is not yet clear whether a settlement agreement bars the officer's claims against the city.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 19, 2024, Case #: 6:23cv6147, NOS: Employment - Civil Rights, Categories: employment, labor / Unions
J. Starr refuses to dismiss a pilot’s claims Ameriflight’s training program, in which it requires pilots to reimburse it up to $30,000 for training if the pilot resigns or is fired for cause within a certain timeframe, is an illegal kickback and an unenforceable penalty. She has sufficiently alleged her claims for illegal kickbacks, unpaid wages, unlawful contract in restraint of trade and for a declaration the training repayment is an unenforceable penalty.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: March 19, 2024, Case #: 3:23cv1757, NOS: Fair Labor Standards Act - Labor, Categories: employment, Contract, labor
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J. Wolson grants in part a paralegal’s motion to certify a collective action against the City of Philadelphia District Attorney’s Office alleging it misclassifies paralegals as exempt under the Fair Labor Standards Act, and that they should get overtime pay. Conditional certification of her collective action is appropriate, although it is not appropriate for the court to certify it to proceed as a class action.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: March 18, 2024, Case #: 2:23cv32, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Gordon McCloud finds that the lower court improperly tossed a 2018 Washington statute that sought to change the method for how the state calculates the wage for workers who worked on a public state project like a new bridge or road. The lower court tossed the new method on the grounds that it conflicted with an older statutory rule that stated the wage data collected could only be used in the county where that work was done. But a full reading of the statutes' exact wording show they do not conflict with each other. The older statute only covers data collection methods, while the new statute covers how wage data from collective bargaining agreements is used to pay public project workers. They apply to two different situations covering a broad and complicated overarching issue, and therefore do not cancel each other out. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: March 14, 2024, Case #: 101997-1, Categories: employment, labor
J. D’Agostino preserves a shipper and receiver’s untimely wages complaint against her employer, a packaging materials manufacturer. Her allegations sufficiently articulate an injury suffered, so she has standing to sue, and the state labor law at issue affords a private right of action.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 14, 2024, Case #: 1:23cv790, NOS: Other Labor Litigation - Labor, Categories: employment, Jurisdiction, labor
J. Gonzalez dismisses with prejudice a transit workers union from an Metropolitan Transit Authority bus driver’s employment discrimination and fair representation complaint, finding the union’s decision recommending his termination following several incidences of workplace misconduct was not done in bad faith or motivated by his race, sexual orientation or disability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 7, 2024, Case #: 1:23cv775, NOS: Employment - Civil Rights, Categories: Civil Rights, employment Discrimination, labor / Unions
J. Griggsby grants, in part, an employer, its member company and a labor union’s motion to dismiss this employment dispute brought by a, Black employee. The employee alleges he was refused a promotion because of his race and over the age of 40. His complaint is time-barred but there are sufficient facts to state a plausible claim against the union.
Court: USDC Maryland, Judge: Griggsby, Filed On: March 7, 2024, Case #: 1:23cv1439, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation, labor / Unions
J. Stewart grants, in part, a healthcare service's petition for review. The labor relations board's holdings the company improperly issued an oral workplace rule and threatened an RN for disruptive behavior are not supported by substantial evidence considering the existing precedent that a rule must be communicated to multiple employees to constitute a violation. However, the board's petition for enforcement is also partially granted, as the company violated labor rules by conducting coercive investigations and unlawfully terminating the RN.
Court: 5th Circuit, Judge: Stewart , Filed On: March 7, 2024, Case #: 22-60584, Categories: Health Care, employment Retaliation, labor
J. Gibbons finds the lower court erroneously granted the fracking company employees' motion for judgment on liability for Fair Labor Standards Act claims because there are issues of fact regarding whether the employees' irregular schedules are necessitated by the industry or are caused solely by the fracking company's predetermined work schedule. Although many of the weeks during which employees worked fewer than 40 hours stemmed from scheduled time off, a large portion also came from weeks with full work schedules, which lends support to the company's theory irregularities in scheduling are a result of fluctuating demand for services; therefore, the case must be remanded for further analysis. Reversed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 6, 2024, Case #: 23-3247, Categories: employment, Evidence, labor
J. Pulliam adopts a report and recommendations and denies partial summary judgment to a oilfield services company after it was sued by former workers in a class action for allegedly failing to pay overtime. At dispute in this case is whether employee pay by the company constitutes “a salary plus a bonus or a salary plus a day rate.” The company argued that a previous judge failed to comply with precedent on wage laws, but in fact it is the company that misreads precedent.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: March 5, 2024, Case #: 5:21cv142, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Gonzalez tosses an employment discrimination lawsuit that alleges a property manager wrongfully terminated a janitor due to an unspecified disability. His Americans with Disabilities Act claims are untimely, and his Eighth Amendment claim for what he calls “cruel and inhumane employee punishment” also fails because such claims apply only against state actors, not private parties. He also fails to allege his union breached its duty of fair representation under the Labor Relations Management Act when it denied his grievance regarding his wages.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 5, 2024, Case #: 1:23cv385, NOS: Employment - Civil Rights, Categories: Constitution, employment Discrimination, labor / Unions
[Consolidated.] J. Edwards denies a company's petition for review of the National Labor Relations Board's finding of unfair labor practices. There is sufficient evidence the company delayed bargaining with the union for three months after the start of the certification year, refused to consider the union's proposals and refused to provide information to the union, among other things.
Court: DC Circuit, Judge: Edwards, Filed On: March 1, 2024, Case #: 22-1287 , Categories: employment, labor / Unions
[Consolidated.] J. Rao grants the National Labor Relation Board's cross-petition for enforcement of its finding of unfair labor practices by a healthcare company. There is sufficient evidence the company created a managerial program to monitor workers to spot union-related activities and inhibit their organization.
Court: DC Circuit, Judge: Rao, Filed On: March 1, 2024, Case #: 22-1332 , Categories: employment, labor / Unions
J. Trauger grants the defendant plan administrators' motion for judgment on the administrative record in this dispute over early retirement benefits. The administrators' decision to deny benefits based on the worker's "failure to show that he was retired under the Plan, despite their failure to articulate a legitimate rationale, was not arbitrary and capricious."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 1, 2024, Case #: 3:21cv757, NOS: Other Contract - Contract, Categories: employment, Erisa, labor / Unions
J. Stadtmueller grants the employees' motion for default judgment in their lawsuit against the hospitality company claiming they were not paid minimum wage or overtime while working at the company's hotel. In part because the employees have established the company's liability for their claims under the Fair Labor Standards Act and Wisconsin employment law, and because the company never responded to their lawsuit, default judgment is entered in the employees' favor as to their claims under the Act. One employee is awarded $50,631 in unpaid wages and damages, the other employee is awarded $43,479 in unpaid wages and damages, and they are each ordered to file their claims for attorney fees and costs within 21 days.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 29, 2024, Case #: 1:23cv1007, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor
J. Stadtmueller grants the employees' motion for default judgment in their lawsuit against the hospitality company claiming they were not paid minimum wage or overtime while working at the company's hotel. In part because the employees have proven the company's liability under the Fair Labor Standards Act and Wisconsin employment law, and because the company never responded to their lawsuit, they are awarded damages as to their claims under the Act. Respectively, the six employees are awarded damages of $7,421; $5,714; $8,228; $8,426; $440; and $35,420, and they are all ordered to file claims for attorney fees and costs within 21 days.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 29, 2024, Case #: 2:23cv993, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor
J. Cooper confirms an arbitration award in favor of a postal police officer's union concerning the USPS's issuance of a directive, which said postal police officers were not supposed to exercise their powers off grounds, that violated the parties' collective bargaining agreement. Upon remand, the arbitrator must "hash out the parties' differences" concerning USPS's compliance with the arbitrator's prior ruling.
Court: USDC District of Columbia, Judge: Cooper, Filed On: February 28, 2024, Case #: 1:23cv675, NOS: Other Labor Litigation - Labor, Categories: Arbitration, employment, labor / Unions