447 results for 'nos:"Fair Labor Standards Act - 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. 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
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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. Mizelle overrules and denies the judgment holder's objections to several orders by a magistrate judge in his action alleging efforts to evade enforcements of his judgment, and adopts the magistrate judge's report and recommendation resolving the parties' cross-motions for summary judgment. The judgment holder has not shown that a denial of a discovery request substantially harmed his case, nor that his proposed discovery was relevant and proportional. As to a second discovery request, the judgment holder has not shown that he had any right to more documents than the defendants produced, and his objections to a protective order were mooted along with the order itself. His objections to an order granting the defendants' motion to compel are also moot, and the magistrate judge correctly found that the defendants did not breach a confidentiality provision in the parties' agreement.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 25, 2024, Case #: 8:20cv936, NOS: Fair Labor Standards Act - Labor, Categories: Enforcement Of Judgments, Discovery, Contract
J. Mazzant denies without prejudice the second renewed motion for notice to potential plaintiffs in a suit brought on behalf of Jason's Deli delivery drivers who allege the improper vehicle expense reimbursement rates cause their wages to fall below the federal minimum wage. The lead plaintiff has not met the "similarly situated" threshold as to the potential opt-in plaintiffs, but he will have one more opportunity to do so.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 25, 2024, Case #: 4:20cv385, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Blackwell grants the nurses' motions for partial summary judgment and class certification in their suit alleging that they were misclassified as ineligible for overtime pay. The nurses, hired as "utilization reviewers" to determine whether medical treatments are necessary, are not exempt under either the administrative or learned professional overtime exemptions, and their proposed class is sufficiently numerous, their claims sufficiently common and typical, and their proposed representative plaintiff adequate.
Court: USDC Minnesota, Judge: Blackwell, Filed On: March 22, 2024, Case #: 0:21cv2283, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action
J. Oliver grants an employee’s motion for attorney fees and costs related to a case in which the court found that the employer failed to pay workers minimum and overtime wages and awarded the employee $13,000 in damages. The employer claimed that the employee’s requested attorney fees of $115,000 are disproportionate to the damages. The judge determined that not all the billed attorney hours were reasonable and reduced the fees to $80,000, but declined to reduce the fees based on damages, as unfair attorney compensation may lead to reduced attorney participation in cases that involve lower recovery.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: March 22, 2024, Case #: 1:19cv2549, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Attorney Fees
J. McAuliffe approves, in part, a $3 million settlement of a worker’s class wage and labor claims against Amazon. The settlement is fair, reasonable and adequate.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: March 22, 2024, Case #: 2:21cv1292, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action
J. Stearns denies a former employee’s motion for partial summary judgment against her former employer, who she claims violated wage laws, discriminated against her for being white and retaliated against her after the employer significantly changed her job responsibilities, investigated her based on problematic communications between her and her coworkers, then fired her. It’s unclear if the employer could have known that the employee was under-reporting her hours worked, so the employer was not clearly knowingly failing to pay the employee properly for her overtime hours worked. There is a significant amount of ambiguity on her other claims, preventing summary judgment in favor of either party on those claims.
Court: USDC Massachusetts, Judge: Stearns, Filed On: March 20, 2024, Case #: 1:22cv10436, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
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
J. Royal partially rules in favor of the employee in an action under the Fair Labor Standards Act alleging that the employer and owner failed to properly pay him overtime. Although the employer classified him as an independent contractor for the first six months of his employment, the employee was a covered employee for the entirety of his employment. The employer and owner controlled the manner in which the employee performed his work, he signed a non-compete agreement, was not hired on a short-term basis and his work was integral to the employer's business. However, the employee's motion for summary judgment is partially denied because genuine issues of fact exist with respect to the issue of the number of hours he worked.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 19, 2024, Case #: 5:22cv162, NOS: Fair Labor Standards Act - Labor, Categories: Labor
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
J. Nagala grants, in part, the deckhand's motion for conditional class certification, ruling the four employee declarations regarding the employer's refusal to compensate them for time spent moving boats to and from jobsites, which deprived them of overtime pay, are sufficient at this stage to demonstrate a workplace policy that violates the Fair Labor Standards Act.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 19, 2024, Case #: 3:23cv46, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
J. Gibney denies the county's motion to dismiss claims of labor law violations. In the county, sheriff deputies are expected to call in on the way to their shifts to make themselves available for emergency calls and assignments. The former sheriff's deputy properly alleged that he and others in his position are entitled to overtime pay for the pre-shift, on-duty period.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 18, 2024, Case #: 3:23cv325, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Government, Workers' Compensation
J. Reidinger partially grants an anesthetist’s motion for conditional class certification following claims that her employer misclassified her and others as independent contractors to avoid paying overtime wages. The employer, an anesthesia contractor, must turn over names and contact information of its employees to the anesthetist.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:23cv114, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Contract, Labor