329 results for 'cat:"Employment" AND cat:"Labor"'.
J. Humetewa grants an independent contractor's motion for summary judgment concerning voluntary payment claims against a consulting company. The independent contractor, a director of recruiting, sufficiently showed in court that the company is not entitled to reduce her commissions for overpayment.
Court: USDC Arizona, Judge: Humetewa, Filed On: January 30, 2024, Case #: 2:22cv573, NOS: Fair Labor Standards Act - Labor, Categories: employment, Contract, labor
J. Duffin partially grants the employee's motion to certify class for his lawsuit alleging the waste management company did not pay him and other garbage truck drivers proper overtime by failing to include bonuses in the overtime calculation and did not compensate them for time they spent inspecting their trucks before they clocked in for their shifts. The employee's motion for conditional certification is denied for drivers who inspected their trucks before clocking in and beginning their scheduled trips, but the motion is granted as to all drivers who received a bonus on or after October 3, 2020.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: January 29, 2024, Case #: 2:23cv504, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Lioi denies the employer's motion for summary judgment, ruling that although a large portion of the employee's job was related to manual labor and conversing with patients at the nursing home, deposition testimony from each party creates questions of fact regarding how much oversight and ultimate decision-making authority the employee had in terms of implementing facility upgrades and prevents the court from determining her exempt status at this stage of the litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: January 29, 2024, Case #: 5:21cv2259, NOS: Fair Labor Standards Act - Labor, Categories: employment, Evidence, labor
J. Reyers conditionally certifies a Fair Labor Standards Act collective action against the owners of two gas stations for unpaid wages. The litigant, a gas station attendant, sufficiently shows there are other, similarly situated employees who may have been victims of a common policy.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: January 26, 2024, Case #: 1:22cv5475, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
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J. Miller finds that the trial court properly denied the employee's claim for penalty wages in a suit filed after her termination at a car dealership. Since the employer's dispute over the amount of wages owed to the employee was not done in bad faith, it was not liable for penalty wages in addition to the past due wages, attorney fees and costs that were awarded. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: January 26, 2024, Case #: 2023CA0676, Categories: employment, Damages, labor
J. McShane grants the healthcare company summary judgment against the nurse's complaint alleging that it fired her for raising concerns about the nurse staffing shortage during the Covid-19 pandemic. The nurse expressing her concerns to her supervisor about intraorganization conditions is not a disclosure, and the nurse does not present evidence that the healthcare company's legitimate reason to fire her was pre-textual because it is undermined by the timing of the alleged disclosures.
Court: USDC Oregon, Judge: McShane, Filed On: January 25, 2024, Case #: 6:22cv149, NOS: Labor/Management Relations - Labor, Categories: employment, Covid-19, labor
J. Seybert approves in full a magistrate judge’s report and recommendation and tosses a teacher’s putative class action with claims for fraud, unpaid wages, deceptive business practices and retaliation against an online teaching platform. He alleges the platform engaged in fraud by enticing him to provide English language instruction to students living in China in order to obtain his biometric data for use in its AI technology without his knowledge or consent. The teacher’s claims against the online teaching platform are bound by his arbitration agreement and all other claims against affiliated entities are dismissed for lack of jurisdiction.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: January 25, 2024, Case #: 2:20cv6370, NOS: Other Labor Litigation - Labor, Categories: Class Action, employment Retaliation, labor
J. Taranto finds that the court of federal claims improperly dismissed claims brought under the Fair Labor Standards Act because the court applied the wrong standard and must determine whether plaintiff was an employee of the company as defined under the Act. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: January 22, 2024, Case #: 2022-2249, Categories: employment, labor
J. Valderrama partially grants a labor union’s motion for summary judgment on one of its former business agents’ race discrimination, harassment and retaliation claims. The union fired the business agent on the basis that it discovered he had a disqualifying felony record, but the agent himself argued this was pretextual and that the actual reason he was fired was because he is Black and complained about his coworkers’ racist attitudes. The court finds there is insufficient evidence to support the agent’s race discrimination and retaliation claims, but allows his racial harassment claim to go forward.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: January 19, 2024, Case #: 119cv3351, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation, labor / Unions
J. Kays dismisses a former Black female detective's claim that the police union refused to provide her legal representation on the basis of her race and sex. There are no allegations that the union was acting under color of state law or conspired with the Kansas City police deparment, so it cannot be liable for civil rights violations under section 1983. Further, the union had a non-discriminatory reason for not providing her legal counsel, namely that the plan excludes coverage for actions taken outside the scope of her employment as a police officer.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: January 17, 2024, Case #: 4:20cv920, NOS: Employment - Civil Rights, Categories: employment Discrimination, labor / Unions
[Consolidated.] J. Dunst grants a motion to disqualify litigant counsel in two unpaid wages lawsuits. Attorneys for the counsel’s law firm, prior to becoming counsel for the plaintiff in the two cases, had several communications with the defendant, a nail salon located in Queens, regarding possible representation in which the defendant’s owner provided substantive information, which the court concludes could be detrimental to their defense.
Court: USDC Eastern District of New York, Judge: Dunst, Filed On: January 17, 2024, Case #: 2:21cv6658, NOS: Fair Labor Standards Act - Labor, Categories: employment, Attorney Discipline, labor
J. Battaglia finds that an employee may pursue some claims for labor code violations against a pipeline construction company. The employee's minimum wage claims are not substantially dependent on the collective bargaining agreement, so they are not preempted by the Labor Management Relations Act. The employee can also pursue a claim for reimbursement based on the use of a personal cell phone, as none of the provisions in the CBA relate to cell phone expenses.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: January 16, 2024, Case #: 3:23cv1626, NOS: Labor/Management Relations - Labor, Categories: employment, Preemption, labor
J. Brody grants in part Philadelphia’s motion for summary judgment against a former police captain’s claims that his demotion to lieutenant, following his having brain trauma from falling into a pothole, violated the Americans with Disabilities Act. The employee has failed to state a claim that the city failed to reasonably accommodate his disabilities.
Court: USDC Eastern District of Pennsylvania, Judge: Brody, Filed On: January 16, 2024, Case #: 2:19cv4377, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, employment, labor
J. Dever denies a former Butterball turkey worker’s motion for equitable tolling in this suit he brought against Butterball for its failure to pay overtime wages. The worker claims the court delayed its rulings on Butterball’s motions to dismiss, but as the court timely ruled on those motions, he fails to prove that these circumstances were extraordinary. Also, the worker has not identified the class of his coworkers who would benefit from the relief sought.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 10, 2024, Case #: 5:20cv585, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Snauffer finds that the Public Employment Relations Board rightly determined that a school district fired a teacher in retaliation for her activities as a union officer. But the Board erred in finding that the school district had not successfully proved that the teacher nonetheless deserved to be fired. Her extensive misreporting of student attendance that predated her union activity presented potentially catastrophic liability to the school district's funding that supported termination.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: January 9, 2024, Case #: F084032, Categories: Education, employment, labor / Unions
J. Robinson grants an aircraft manufacturer's motion to dismiss a former employee's Americans with Disabilities Act claims. The employer sufficiently showed in court that the former aircraft spray painter, who suffers from diabetes and cellulitis, may have disclosed false information concerning a slip and fall on the job, in violation of the company's breach of trust rules.
Court: USDC Kansas, Judge: Robinson, Filed On: January 4, 2024, Case #: 6:22cv1145, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, employment, labor / Unions
J. Schwartz declines to dismiss claims alleging violations of the Customs Officer Pay Reform Act as brought by current and former employees of the Customs & Border Protection Agency because genuine issues remain in dispute as to whether overtime provisions allow compensation for travel time.
Court: Court of Federal Claims, Judge: Schwartz, Filed On: January 3, 2024, Case #: 22-1766C, Categories: employment, Agency, labor
J. Colloton finds a lower court properly dismissed a brewery's motion for summary judgment concerning Fair Labor Standard Act claims brought by a former employee. The brewery argued that it resolved the former employee's overtime claims in a private settlement. However, the court lacks jurisdiction based on mootness. Vacated.
Court: 8th Circuit, Judge: Colloton, Filed On: December 22, 2023, Case #: 22-3518, Categories: employment, Jurisdiction, labor
J. Hillman denies a freight forwarder's motion for summary judgment against its employees, who are suing it for allegedly unlawfully deducting wages from their pay. The freight forwarder can factor damages into its overall delivery rate, but not deduct damages from its employees' paychecks.
Court: USDC Massachusetts, Judge: Hillman, Filed On: December 21, 2023, Case #: 4:18cv11905, NOS: Other Contract - Contract, Categories: employment, Class Action, labor
J. Land denies the employee's motion for default judgment as to the company in an employment retaliation action alleging violations of the Fair Labor Standards Act for failure to pay overtime but grants the motion with respect to the security company. The employee only properly served the amended complaint on the security company at the time of the motion for default judgment. The employee is entitled to a $24,000 judgment plus $800 in costs.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:23cv47, NOS: Fair Labor Standards Act - Labor, Categories: employment Retaliation, labor
J. Merkl awards a restaurant employee $169,773 in attorney fees and $8,062 in costs after he prevailed at trial on his claims for unpaid overtime wages, spread of hours and failure to provide a time-of-hire notice. He won $618,888 in damages. The court finds both his counsels’ hourly rates and billed hours to be excessive compared to similar cases filed in the district and applies a 25% reduction to their requested amount.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: December 15, 2023, Case #: 1:20cv1319, NOS: Fair Labor Standards Act - Labor, Categories: employment, Attorney Fees, labor