447 results for 'nos:"Fair Labor Standards Act - Labor"'.
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. Cole denies the restaurant employees' motion for class certification, ruling that while the lead plaintiff cites his own experiences of being denied tips during the Covid-19 pandemic, his complaint says nothing about the experiences of other waitstaff and, therefore, cannot satisfy typicality or commonality requirements.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 18, 2024, Case #: 1:21cv377, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
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J. Self denies the farmer's motion for conditional class certification in a putative class action alleging that the chicken company violated the Fair Labor Standards Act by misclassifying farmers as independent contractors and by failing to pay minimum wage and overtime. The farmer failed to show that a substantial number of people in the proposed class of more than 1,300 farmers want to opt in to the collective action. The individual, the only opt-in plaintiff, is dismissed from the action and the farmer will proceed on his individual claims.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: March 14, 2024, Case #: 5:22cv268, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Treadwell grants four employees' motion for default judgment against the employer in a class action alleging that the employer violated the Fair Labor Standards Act by failing to provide overtime pay. Judgment is entered against the employer in the amount of $131,000. The employees' testimony confirmed their allegations that the employer knew they worked more than 40 hours per week but failed to compensate them appropriately. The employer retaliated against two employees after they complained about their overtime compensation by reducing their hours and firing one. The employees are entitled to $36,000 in attorney fees.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: March 13, 2024, Case #: 5:21cv95, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Beckerman awards the employees $556,800 in attorney and paralegal fees for their class action accusing the used car dealership and others of not paying the employees their owed minimum and overtime wages. The employees argue that they are entitled to $725,100 in attorney fees, but while an hourly rate of $530 for the attorney is reasonable given his experience, unique expertise and the issue presented, the slightly difficult nature of the case is not enough to justify the requested $630 hourly rate.
Court: USDC Oregon, Judge: Beckerman, Filed On: March 12, 2024, Case #: 3:18cv372, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Labor
J. Geraci allows a delivery driver to continue certain claims contending Insomnia Cookies failed to pay minimum wage and misappropriated tips because the cookie company does not employ or recruit employees in the state, and the complaint failed to demonstrate wage and tip violations related to business transacted in New York. However, the complaint plausibly alleges the company failed to provide the driver the full amount of tips.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:23cv6321, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jurisdiction
J. Roman partially denies the construction firm's motion to dismiss wage and hour claims stemming from its failure to pay a senior level employee overtime and his promised bonuses. The employee is exempt from overtime because he is a highly paid administrative professional making $130,000 salary, but he has a plausible breach of contract claim over his expected, but unpaid, bonuses.
Court: USDC Southern District of New York, Judge: Roman, Filed On: March 8, 2024, Case #: 7:23cv975, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Seybert sends a class action to arbitration to resolve federal and state labor law claims for unpaid overtime wages and failure to provide wage statements. The litigant claimed he could not be bound by the arbitration agreement because it was not provided to him in Spanish, his primary language. However, the employer presented documentation that shows he signed a document, written in Spanish, that stated he had read and understood the company’s employee handbook, which contained the company’s arbitration agreement; therefore he is bound by the arbitration agreement.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 6, 2024, Case #: 2:21cv4518, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor
J. Horan grants grants default judgment to a cook on his claim he was not paid for 20 weeks and worked approximately 78 hours per week. The employer's answer was struck as sanction for failing to appear, and, based on the record, the cook is owed $32,000, which includes his minimum pay, overtime and liquidated damages.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 6, 2024, Case #: 3:11cv2968, NOS: Fair Labor Standards Act - Labor, Categories: Damages, 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. Watson grants the class's motion for final approval of its settlement agreement, ruling it meets all commonality and typicality requirements, while the settlement amount will adequately compensate employees for unpaid overtime and avoid a protracted litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:20cv2152, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Watson denies, in part, the employee's motion for summary judgment, ruling that while it is undisputed the delivery driver worked in excess of 40 hours per week on at least one occasion, questions of fact about whether he was an employee or an independent contractor prevent judgment in his favor and preclude the award of any damages.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 4, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Labor
J. Boom finds for the department of labor in wage claims because evidence indicates the employer, "a company that runs horse racing operations," willfully denied workers certain wages and thus cannot seek to reduce liquidated damages. The employees should be granted over $243,000 in liquidated damages and back pay.
Court: USDC Western District of Kentucky, Judge: Boom, Filed On: March 4, 2024, Case #: 3:15cv562, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
J. Watson grants, in part, the employer's motion for summary judgment, ruling the two-year statute of limitations will apply to all Fair Labor Standards Act claims brought in the lawsuit by the class of delivery drivers because the employer's potential misclassification of the drivers was not willful conduct. Rather, the company's owner testified he was unaware of similar lawsuits filed by Amazon delivery drivers and based the classification on his previous experience as a delivery driver.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: February 29, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, 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 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