191 results for 'nos:"Other Labor Litigation - Labor"'.
J. Whitney denies a hauling and transportation service’s motion to dismiss allegations of violations of a federal workers’ protection law brought by a class of employees after the service laid them off then fired them. The class claims that by laying its members off then firing them, the service unfairly prohibited their access to wages, accrued paid time off, pension contributions, ERISA benefits and potential medical expenses for 60 days. The class has shown sufficient evidence for its claim.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 12, 2023, Case #: 3:23cv498, NOS: Other Labor Litigation - Labor, Categories: Erisa, Class Action, Labor
J. Ho grants the former Kuwaiti attache's motion to dismiss trafficking claims but denies his wife's motion to dismiss the same claims based on their employment of a housekeeper. The Hague Convention does not apply in this case because the attache's address is unknown and the housekeeper exercised reasonable diligence in searching for his and his wife's physical addresses. The housekeeper's proposed alternative service, namely service by personal email, Facebook, text, and WhatsApp comply with due process.
Court: USDC Southern District of New York, Judge: Ho, Filed On: December 8, 2023, Case #: 1:23cv321, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Civil Rights, Due Process
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J. Simmons grants Tommy Bahama's motion to compel arbitration of the employee's putative class action alleging wage violations. Although the employee, who speaks very little English, was not given a Spanish version of the arbitration agreement, Tommy Bahama's Executive Chef communicated to her in Spanish the existence and meaning of the agreement.
Court: USDC Southern District of California, Judge: Simmons, Filed On: November 29, 2023, Case #: 3:22cv1881, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Labor
J. Melgren grants a biopharmaceutical company's motion for summary concerning wrongful termination and whistleblower claims brought by a former employee. The company sufficiently showed in court that the former employee was let go for odd behavior, which included threatening to quit her job, sending inappropriate emails to colleagues, and dodging staff meetings.
Court: USDC Kansas, Judge: Melgren, Filed On: November 22, 2023, Case #: 2:22cv2238, NOS: Other Labor Litigation - Labor, Categories: Employment, Damages, Whistleblowers
J. Staton grants the $200,000 settlement for the California’s Private Attorneys General Act claim in the employee's complaint alleging that the moving services corporation improperly classified him and other employees as independent contractors to systematically fail to pay them for overtime, rest and meal periods, and business-related expenses. Although the employee does not describe what evidence he has and does not have for his misclassification claim and the penalties associated with this claim, the PAGA settlement is fair and adequate because it is based on sufficient discovery and information and it avoids serious litigation risks.
Court: USDC Central District of California, Judge: Staton, Filed On: November 9, 2023, Case #: 8:20cv2092, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor
J. Nugent denies CSX's motion to dismiss, ruling that although the employee litigated an administrative claim through the Federal Railway Safety Act, she did not waive her right to bring this federal lawsuit, which was filed before the final administrative decision and as a result of CSX and its employees' failure to comply with the investigation under the Act.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: November 1, 2023, Case #: 1:23cv1043, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Employment Retaliation
J. Kindred grants the government's motion for preliminary injunction against an allegedly illegal mining operation. The mine owners refused to allow the Mine Safety and Health Administration to perform an inspection, and continued moving mining equipment. The MSHA later accessed the area via helicopter, where it was determined to be an unregistered gold mining operation. The mine owner again denied MSHA access. MSHA issued 17 citations, and the owner did not "provide evidence that the cited hazards had been abated." The government has shown that it is likely to succeed on the merits "regarding an injunction preventing miners from entering the mine site without receiving proper training first." The mine owners are enjoined from denying MSHA inspectors entry to the mine.
Court: USDC Alaska, Judge: Kindred, Filed On: November 1, 2023, Case #: 4:23cv19, NOS: Other Labor Litigation - Labor, Categories: Labor
J. Yarbrough denies the delivery drivers' motion for class certification, ruling their failure to put forth evidence a single representative can establish drivers worked more than 40 hours per week without overtime compensation prevents them from satisfying predominance requirements and, as a result, the case would require individualized inquiries not feasible in a class action litigation.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: October 27, 2023, Case #: 1:20cv1052, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. King grants Starbucks' cross-motion for expedited discovery regarding the employee's lawsuit alleging that Starbucks harassed or fired its employees for engaging in union-organizing activities. Starbucks demonstrates a need for some discovery and some of its requested discovery areas, including the depositions of those who submitted affidavits so Starbucks can explore the basis of their assertions, are reasonable.
Court: USDC Western District of Washington, Judge: King, Filed On: October 27, 2023, Case #: 2:23cv1000, NOS: Other Labor Litigation - Labor, Categories: Discovery, Labor
J. Rice dismisses the registered nurse's complaint that the healthcare company did not provide meal breaks, did not pay all overtime wages and excluded higher Covid-19 pay rate into overtime pay rate calculation while she worked for Renal Care Group. The registered nurse does not sufficiently allege facts under the regulatory factor that the healthcare company was a joint employer, because she does not show that the healthcare company had the power to hire, fire, supervise or otherwise control her work and pay.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 26, 2023, Case #: 2:23cv180, NOS: Other Labor Litigation - Labor, Categories: Covid-19, Class Action, Labor
J. Lopez grants Lowe's motion to arbitrate wage payment violation claims brought by a proposed class of employees. Although the employee signed a form to opt out of an agreement to arbitrate in 2017, the parties dispute whether the opt-out was valid as to the employee's 2014 employment agreement. It is undisputed that the 2014 arbitration agreement is valid and that it calls for an arbitrator to make decisions regarding arbitrability issues. Therefore, an arbitrator must determine whether the 2017 opt-out form exists, is valid and is enforceable.
Court: USDC Southern District of California, Judge: Lopez, Filed On: October 13, 2023, Case #: 3:22cv545, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment
J. Wu grants final approval of a $5.5 million settlement that will bring an end to a class action accusing T-Mobile of conducting background checks on its workers without proper authorization or disclosures, as well as other wage-and-hour violations under the California Labor Code. Class counsel seeks $1.8 million in fees, which is above the 25% benchmark set by the Ninth Circuit. Such above-benchmark fee awards are reserved for cases involving more litigation than was involved here. Class counsel is instead awarded $1.4 million in fees.
Court: USDC Central District of California, Judge: Wu, Filed On: October 3, 2023, Case #: 2:21cv2268, NOS: Other Labor Litigation - Labor, Categories: Settlements, Attorney Fees, Class Action