4,441 results for 'cat:"Employment"'.
J. Heytens finds the lower court improperly granted the county judgment when it found no reasonable adjudicator could view the facts in a way that would make incarcerated workers employees for the purpose of the act. A group of imprisoned people working at a recycling plant sued the county, alleging violations of the Fair Labor Standards Act and two Maryland statutes. There is no definite rule that such workers cannot be covered by the act when they work outside their detention facility’s walls and for someone other than their immediate detainer. Vacated.
Court: 4th Circuit, Judge: Heytens , Filed On: May 8, 2024, Case #: 23-1731, Categories: employment, Labor, Prisoners' Rights
J. Leinenweber denies the defendant behavioral therapy provider’s motion to dismiss ADA discrimination claims brought by an autistic former employee. The court finds the former employee has sufficiently alleged that she was demoted, and then pushed to quit, by the company’s unwillingness to accommodate her needs as a person with autism.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: May 8, 2024, Case #: 1:23cv3707, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, employment Discrimination, employment Retaliation
J. Morrison preserves a Fair Labor Standards Act complaint against two health care staffing agencies brought by the U.S. Labor Department on behalf of two Filipino nurses. The department alleges the agencies entered into employment contracts with three-year commitments and are now seeking thousands of dollars in damages after the nurses decided to quit prior to the end of their contracts, a system that the Labor Department claims constitutes illegal kickbacks and ultimately violates federal minimum wage and overtime regulations. The court rules the agency has standing to enforce the FLSA under both Article II and Article III of the Constitution, and its claims sufficiently allege violations under federal wage laws.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: May 8, 2024, Case #: 1:23cv2119, NOS: Fair Labor Standards Act - Labor, Categories: employment, Labor
J. Bennett grants the police department’s motion to dismiss this employment dispute brought by a former Black police officer alleging race discrimination, hostile work environment, retaliation, Monell, and violations of civil rights and the Maryland Fair Employment Practice Act. The police department alleges the employee failed to exhaust her administrative remedies and her complaint is time-barred after an investigation was opened on her for a fight while off-duty. The court finds her EEOC charge was filed in timely manner, her Title VII claims appear to be time-barred. Her complaint is dismissed for failure to state a claim upon which relief can be granted, but she has 15 days to file an amended complaint.
Court: USDC Maryland, Judge: Bennett, Filed On: May 8, 2024, Case #: 1:23cv2215, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Chun denies the university president's motion to dismiss the retaliation claim in the school faculty member's complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausible states a First Amendment retaliation claim, because the school faculty member's speech concerned a matter of public concern, and the court cannot employ the applicable Pickering balancing test at this stage.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 8, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, employment Discrimination
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J. Worthen finds the trial court properly granted the city's motion for summary judgment. The probationary patrol officer, who was prescribed Percocet for pain management of pancreatitis, was terminated for failure to perform his duties. Sufficient evidence shows the officer was unable to satisfactorily perform the duties of his job. No error is found in the court's exclusion of evidence of the city's background check on the officer. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00289-CV, Categories: employment, Evidence, Municipal Law
J. Kness partially grants the Illinois Department of Corrections’ motion for summary judgment on an older Black employee’s claims of age and race discrimination, and retaliation for union association. The employee, who oversees several parole officers, claims his spotty disciplinary record with the department is the result of systemic ageism and anti-Black racism and departmental retaliation for his efforts to unionize his office. The court finds most of the employee’s discrimination claims either untimely or lacking sufficient evidence, but also finds there is sufficient evidence to support his claim for union activity retaliation against several specific department personnel.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: May 8, 2024, Case #: 1:18cv282, NOS: Other Civil Rights - Civil Rights, Categories: employment Discrimination, employment Retaliation, Labor / Unions
J. Quereshi denies, in part, the United States Department of Treasury and a supervisor in this employment dispute brought by a former employee claiming national origin discrimination, retaliation, hostile work environment and constructive discharge. She alleges numerous times she was assigned more work than other coworkers, ignored, criticized, insulted by her supervisors and not selected for promotions before her forced retirement. The employee is granted leave to file an amended complaint with the appropriate details of her discrimination, hostile work environment and constructive discharge claims.
Court: USDC Maryland, Judge: Quereshi, Filed On: May 8, 2024, Case #: 8:23cv1699, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Wood finds the county court improperly dismissed the school football coach's Teacher Fair Dismissal Act claims. The court dismissed the claims with prejudice, finding they were precluded by the coach's failure to “administratively appeal” the district's decision to terminate. A cited case involved a teacher’s contract being changed for a subsequent school year. In this case, the district terminated the contract midway through the year, resulting in financial consequences during that same year. The court erroneously found the coach's signing of the subsequent year's contract precluded his recovery for the midyear termination under the act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CV-22-592, Categories: Education, employment, Contract
J. Johnson denies summary judgment to a maintenance company on its argument a black employee’s racial bias claim should be dismissed. His supervisor allegedly referred to him with racist profanity with another employee outside the litigant’s presence. The Fifth Circuit recognizes that while "a single instance of a racial epithet does not, in itself, support a claim of hostile work environment,” perhaps “no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as [the N-word] by a supervisor in the presence of his subordinates.”
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: May 8, 2024, Case #: 3:22cv560, NOS: Employment - Civil Rights, Categories: Evidence, employment Discrimination, Labor
J. Hanks finds that an Asian American Muslim employee, who claims that his employer, a housing authority, discriminated against in their denial of his request for a hardship withdrawal from his retirement plan, has not provided sufficient evidence to survive the housing authority’s motion for dismissal. While the employee’s claims do indicate a hostile work environment the employee has not shown that the incidents are connected to the denial of his hardship withdrawal request. The employee’s claims are dismissed without prejudice.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: May 8, 2024, Case #: 4:23cv814, NOS: Other Civil Rights - Civil Rights, Categories: Privacy, employment Discrimination
J. Badding finds that a company was properly awarded liquidated damages after an employee sent herself the company's client list to her private email account before ending her professional relationship because the employee failed to present evidence that actual damages stemming from the breach would have been less than the stipulated amount of liquidated damages. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: May 8, 2024, Case #: 23-0796, Categories: employment, Damages, Contract
J. Jewell finds that the trial court properly denied the employer's motion to compel arbitration of a former employee's retaliation suit alleging she was fired for reporting that a patient sexually assaulted her. The arbitration agreement is not enforceable based on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: May 7, 2024, Case #: 14-23-00300-CV, Categories: Arbitration, employment
J. Westbrooks finds the commission properly increased the former police officer's disability benefits and found she suffered an 80% loss in earning capacity after a near-death assault by a suspect. While testimony from the police department's physician attributed at least some of her PTSD to general work conditions, the testimony from an independent medical evaluator supported the increase in benefits. The commission was in the best position to determine witness credibility and because it did not completely disregard the evidence from the police physician, its decision was not against the weight of the evidence. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: May 7, 2024, Case #: 2022-WC-1050, Categories: employment, Experts, Workers' Compensation
J. Rabner finds that the appellate division improperly held that a police officer violated the non-disparagement clause in her settlement with the township by stating in a television news interview that she had been abused for eight years and discussing allegedly retaliatory disciplinary charges because the non-disparagement clause would bar speech protected under state anti-discrimination laws, and thus was not enforceable. Further, "survivors of discrimination and harassment have the right to speak about their experiences in any number of ways, and they can no longer be restrained by confidentiality provisions in employment contracts or settlement agreements." Reversed in part.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: May 7, 2024, Case #: A-2-23, Categories: employment, Defamation, employment Retaliation
J. Baldock finds that the lower court properly denied a motion for a new trial in a workplace discrimination lawsuit. The employee says the lower court should have ordered a new trial when his lead attorney got sick with Covid-19 and had to attend virtually, a development that the employee says hurt his case. After this motion was denied, the jury ruled against him and all of his discrimination claims. Because the attorney continued to attend the trial remotely, the employee cannot claim his case was damaged, and claims that his case would have ended differently if he had a full in-person legal team are purely speculative. Affirmed.
Court: 10th Circuit, Judge: Baldock, Filed On: May 7, 2024, Case #: 23-3048, Categories: employment
J. McBride finds that the lower court properly found for the police department on an officer's challenge to his termination seeking $1 million in back pay. The officer lied about his spinal injury, maintaining he could not drive while taking a second job requiring him to drive hundreds of miles and falsely claiming he had submitted secondary employment authorization forms to the department. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: May 7, 2024, Case #: 230256, Categories: Administrative Law, employment
J. Moon grants the city's motion for summary judgment in an employment discrimination suit. A female firefighter sued the city, claiming she experienced discriminatory treatment from her superiors and that her superiors opened a retaliatory investigation into her conduct, resulting in her demotion. There is no evidence of her employers treating male coworkers differently; they, too, are required to provide a doctor's note if taking sick leave, and there is no evidence of them making statements about women not belonging in the fire service. A feeling of disrespect is not a substitute for evidence of discriminatory treatment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: May 7, 2024, Case #: 6:23cv32, Categories: employment Discrimination, employment Retaliation
Per curiam, the appellate division finds that the lower court properly granted the worker partially summary judgment as to liability on his labor law claim stemming from his injury while attempting to install an air conditioning coil unit at defendants' premises. When the power was cut, the unit fell on his knees and the worker was injured attempting to hold the unit to prevent it falling on his coworker below. Defendant is responsible for failing to ascertain whether there were live wires in the vicinity of the work and protect the worker against electric shock. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02497, Categories: employment, Tort
J. Sessions denies a construction and excavation business, and its board members motion to dismiss in this Fair Labor Standards Act dispute brought by the Department of Labor alleging unlawful retaliation against employees that received back wages from a settlement. The employees alleges that the board members made false and retaliatory statements on the social media platform Facebook. The DoL plausibly alleged the conduct was a retaliation threat based on coercion making it plausibly unprotected. Discovery may proceed and the Labor Department’s motion to amend is also denied.
Court: USDC Vermont, Judge: Sessions, Filed On: May 7, 2024, Case #: 2:23cv560, NOS: Fair Labor Standards Act - Labor, Categories: employment Retaliation, Labor
J. Newman grants the police department's motion for summary judgment, ruling the police officer's age discrimination claim fails. The younger officer used as a comparator did not commit the same type of misconduct and, therefore, is not similarly situated, while a supervisor's single comment about "younger officers" during disciplinary proceedings does not constitute direct evidence of discrimination. Meanwhile, the retaliation claim also fails as a matter of law because the fitness for duty evaluation required before the officer could return to work was not an "adverse employment action," especially considering the officer blamed several mistakes that led to his suspension on the stress of his job.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: May 7, 2024, Case #: 3:22cv96, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Halpern partially denies the school district's motion to dismiss an Ashkenazi Jewish woman's employment discrimination claims based on the denial of her request to take days off for Jewish holy days. While a hearing officer found that the woman did not engage in religious observances during this time, this determination is not a proper factual finding. While she traveled to Trinidad to visit family, the employee has plausibly pled religious discrimination based on her discipline for exercising her religious beliefs.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: May 7, 2024, Case #: 7:23cv6202, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination
J. Pitman dismisses claims in a countersuit brought by the co-founder of the Austin Chronicle and South by Southwest (SXSW) after he was sued by a former employee, who says he coerced her into sex and then withheld her salary after she refused to marry him. He countersued, alleging she had stolen “several valuable comic books and pulp magazines” from his garage. The counterclaim is inappropriate, as the legal questions in the suit and countersuit “contain no overlap,” and the co-founder’s alleged sexual harassment and abuse would not “excuse or legally justify” the alleged theft or vice versa. At the same time, claims against the Chronicle should be dismissed because no evidence suggests the Chronicle knew about this situation and “deliberately chose to look the other way.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 7, 2024, Case #: 1:23cv1197, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, Tort, Civil Extortion
J. Corker grants the former employer’s motion for summary judgment in this lawsuit alleging discrimination under the Age Discrimination in Employment Act. The former employees fail to provide direct evidence of age discrimination, and they do not dispute that their terminations “occurred in the context of a workforce reduction.” Additionally, they do not show that the reasons given by the employer were pretext for discrimination.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: May 7, 2024, Case #: 3:22cv392, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination
J. Richardson grants the defendant company’s motion for summary judgment in this case brought by a former employee asserting certain state-law employment related claims, including retaliatory discharge under the Tennessee Workers’ Compensation Law and discriminatory discharge under the Tennessee Disability Act. As to the former employee’s two claims, which both stem from his termination, the court concludes that there are no issues of fact and that the employer is “entitled to judgment as a matter of law.”
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: May 7, 2024, Case #: 3:22cv87, NOS: Other Labor Litigation - Labor, Categories: employment, employment Discrimination, employment Retaliation