329 results for 'cat:"Employment" AND cat:"Labor"'.
[Consolidated.] J. Edwards denies a hospital's petition for review of the National Labor Relations Board's upholding of the application of the successor bar rule, which allows an incumbent union an irrebuttable presumption of majority status for a reasonable time after a successor employer voluntarily recognizes the union. The application of the rule was consistent with the board's precedent, and was reasonable.
Court: DC Circuit, Judge: Edwards, Filed On: February 27, 2024, Case #: 22-1163 , Categories: employment, labor / Unions
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Per curiam, the circuit finds that the district court properly granted a union dismissal of claims contending an employee's grievance over the amount of office space she was required to clean had not been taken to arbitration on grounds that she was Hispanic. The employee failed to demonstrate the union acted with animus by choosing to arbitrate a similar grievance filed by a non-Hispanic coworker because the coworker's claims concerned greater surface are and constituted a stronger complaint. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 20, 2024, Case #: 22-2753-cv, Categories: employment Discrimination, labor / Unions
J. Marbley grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's claim for liquidated damages under the Fair Labor Standards Act is barred because the underlying liability regarding overtime pay is disputed by the employer.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 20, 2024, Case #: 2:23cv1874, NOS: Fair Labor Standards Act - Labor, Categories: Damages, employment Retaliation, labor
J. Suttell finds that the trial court improperly granted summary judgment to a firefighter who retired after sustaining a work-related injury because he failed to provide the necessary text of the collective bargaining agreement to demonstrate that the term "monthly net pay” unambiguously supported his position.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: February 16, 2024, Case #: 22-348, Categories: employment, Contract, labor
J. O'Connor denies, in part, a pilots' union's motion to dismiss a female pilot's discrimination action. She sufficient pleads her claims for sex discrimination and retaliation.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: February 14, 2024, Case #: 4:23cv851, NOS: Railway Labor Act - Labor, Categories: employment Discrimination, employment Retaliation, labor / Unions
Per curiam, finds that Florida’s public employees relations commission improperly dismissed a union’s claims of unfair labor practices between the union and county regarding mandatory Covid-19 vaccinations. The state’s 18-month statutory reprieve expired on June 1, 2023, which is insufficient to moot the entire controversy. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 1D2022-1739, Categories: employment, Covid-19, labor / Unions
J. McKinnon finds the trial court improperly ruled in favor of a state trooper who claimed he was constructively discharged. The trooper failed to exhaust a collective bargaining agreement's grievance process for the constructive discharge claim prior to resigning. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: February 13, 2024, Case #: DA 22-0424, Categories: employment, labor / Unions
[Consolidated, redacted.] J. Marczyk finds that the state agency failed to calculate the assessment for unemployment compensation for court reporting and legal transcription companies because the legislative history clearly established that the state intended to dispense with the requirements to establish a Federal Unemployment Tax Act exemption for calculation purposes. Reversed.
Court: New Jersey Appellate Division, Judge: Marczyk, Filed On: February 12, 2024, Case #: A-1500-21, Categories: employment, labor
J. Sargus denies, in part, the employer's motion for summary judgment, ruling issues of fact regarding the IT analyst's primary job duties, including whether she exercised any independent judgment acting as a liaison between the employer and clients, prevent the court from determining whether she was properly classified as an exempt employee under the Fair Labor Standards Act. However, because the analyst's on-call work duties did not require her to be at the office, allowed her to pursue personal activities and involved infrequent calls that usually took less than 10 minutes to resolve, that time is not compensable as overtime.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 12, 2024, Case #: 2:22cv2871, NOS: Fair Labor Standards Act - Labor, Categories: employment, labor
J. Douglas grants the rehab center's petition for panel rehearing on the district court's determination a collective action may proceed under the Fair Labor Standards Act. The district court applied the incorrect legal standard assessing employee status. Furthermore, evidence that calculations could be completed on a class-wide basis by the proposed method is undeveloped, and the district court did not engage directly with the center's offset defense, as required for certification.
Court: 5th Circuit, Judge: Douglas , Filed On: February 9, 2024, Case #: 22-20434, Categories: employment, Class Action, labor
J. Rowland denies a delivery company’s motion to dismiss a class of workers’ claims that it violated the Fair Labor Standards Act and Illinois Wage Payment and Collection Act. The court also grants the workers’ motion for conditional class certification. The class representatives claim that, from 2020 to 2022, the delivery company wrongly classified them as independent contractors to avoid providing them with the pay, protections and benefits employees enjoy. The court finds the class representatives have sufficiently alleged those claims and have shown sufficient evidence that they are among a class of similarly situated workers for the delivery company.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 7, 2024, Case #: 1:23cv1859, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. White finds the lower court erroneously granted the employer's motion for summary judgment on a truck driver's retaliation action. Although the contentious text message exchange that occurred shortly before the truck driver was fired dealt mainly with vacation pay, several messages could be interpreted as the driver's intent to report the employer for its refusal to reimburse him for vehicle repairs, which would qualify as proper notice under the Fair Labor Standards Act and allows his retaliation claims to proceed. Reversed.
Court: 6th Circuit, Judge: White, Filed On: February 7, 2024, Case #: 23-1145, Categories: employment Retaliation, labor
J. Boyle grants summary judgment to a police department following allegations of retaliation brought by a former officer when the department fired him after he took FMLA leave. The officer, who needed to help his father after a debilitating accident, took leave for over a year then returned to work. However, someone called the department to file a complaint against the officer, who had been working as a contractor at his father’s business while on leave. The officer reportedly did poor contracting work, lied about having retired as an officer, and did not notify the department about working while using FMLA time. While the officer claims the department fired him solely because he took leave, he offers no evidence refuting the other reasons the department fired him.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 7, 2024, Case #: 5:21cv491, NOS: Employment - Civil Rights, Categories: Civil Rights, employment Retaliation, labor
J. Chen dismisses class employment claims against United Airlines and a workers' union from employees who say the union and the airline conspired together to hash out a deal that reduced employee wages. The employees have not offered up meaningful proof of any "secret conspiracy" that resulted in reduced wages. The class of employees are given an opportunity to amend in the event they can point to a specific part of their contract the union or the company tried to subvert.
Court: USDC Northern District of California, Judge: Chen, Filed On: February 7, 2024, Case #: 3:23cv3939, NOS: Railway Labor Act - Labor, Categories: employment, labor / Unions
J. Pratter grants final approval of this class action settlement between the Democratic National Committee and its workers during the 2014, 2016, 2018 and 2020 elections in this suit over underpayment of overtime wages. The $3.5 million settlement is fair and reasonable.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: February 6, 2024, Case #: 2:16cv5800, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Saylor grants in part some Boston-area restaurants’ motion to dismiss the lawsuit brought against them by a former employee, who worked for them as a chef, for allegedly violating the Fair Labor Standards Act and Massachusetts Wage Act. While all of the restaurants were connected, possibly by sharing a website and many employees, this doesn’t mean that the chef was an employee of all of the restaurants listed and therefore not all of them should be held accountable for claims related to employment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 5, 2024, Case #: 1:22cv11867, NOS: Fair Labor Standards Act - Labor, Categories: employment, employment Retaliation, labor
J. Robinson grants the U.S. Department of Labor's motion to pursue Fair Labor Standards Act violation claims against a Mexican style chain of restaurants. The U.S. Department of Labor sufficiently showed in court that the two restaurants failed to properly compensate employees for minimum wages, overtime, and tipping.
Court: USDC Kansas, Judge: Robinson, Filed On: February 2, 2024, Case #: 2:23cv2115, NOS: Fair Labor Standards Act - Labor, Categories: employment, Damages, labor