447 results for 'nos:"Fair Labor Standards Act - Labor"'.
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J. Pepper approves the $46,827 collective and class action settlement in the caregiver's lawsuit claiming the nursing home company failed to pay her and other caregivers proper overtime wages. The caregiver's unopposed motions for $40,811 in attorney fees and a $1,500 class representative incentive award are granted, and the caregiver's counsel is ordered to distribute settlement checks to class members within 10 days of receiving them from the company.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: February 26, 2024, Case #: 2:21cv108, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Settlements, Class Action
J. Hsu grants final approval of a class action settlement and grants approval of attorney fees and costs in a suit brought by actors who worked as a background or stand-in actor on television shows produced by CBS or Eye Productions and filmed in New York or California between March 30, 2014 and October 22, 2022. The all-inclusive gross settlement amount of $4 million and $1,333,333 in attorney fees are fair and reasonable.
Court: USDC Central District of California, Judge: Hsu, Filed On: February 21, 2024, Case #: 2:20cv2965, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Mahan grants the law firm's motion for summary judgment on a claim for unpaid overtime wages filed by the widower of the late paralegal. The firm paid its paralegals on salary and did not keep detailed records of work schedules. Based on computer login and out records, and a lack of other substantive evidence, the paralegal did not meet her burden of producing sufficient evidence of overtime work to survive summary judgment. The widower's declaration that he observed his wife working at home does not create a factual dispute over whether the firm should have known that she may have worked overtime.
Court: USDC Nevada, Judge: Mahan , Filed On: February 20, 2024, Case #: 2:18cv960, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Evidence, Contract
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. Ross dismisses a general contractor’s third-party complaint and counterclaims that seek to shift liability for claims under the Fair Labor Standards Act to a separate subcontractor, plus hold it liable for shoddy painting work and broken equipment. The general contractors’ counterclaim for fraud provides only conclusory allegations, and its negligent workmanship fails to meet the requirements as either a negligence or contract claim. The court further declines to grant its claim for implied indemnification or declare the subcontractor as the laborers’ employer.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: February 15, 2024, Case #: 1:22cv4356, NOS: Fair Labor Standards Act - Labor, Categories: Fraud, Negligence, Labor
J. Hendricks grants the employees' motion for conditional class certification in their suit alleging that the restaurant improperly claimed a tipped credit to reduce hourly wages below the federal minimum while requiring employees to pool tips with the restaurant's owner and manager. The employees have adequately alleged that they are similarly situated and were subjected to a common, unlawful policy. Credibility questions and fact disputes raised by the employer are not sufficient to prevent class certification.
Court: USDC South Carolina Aiken, Judge: Hendricks, Filed On: February 14, 2024, Case #: 2:22cv4020, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Biggs denies summary judgment regarding class certification to a disability support service following allegations it failed to pay its staff minimum wage for all hours worked and overtime. The service moved for decertification of the class, but because it was previously decided that federal certification remains conditional and that, at this time, the class is sufficiently meeting the conditions, the service’s motion for summary judgment is moot.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 13, 2024, Case #: 1:21cv506, NOS: Fair Labor Standards Act - Labor, Categories: Business Practices, Class Action, 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. 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. Walker grants in part the motion to dismiss filed by an employer and its membership interest holders — one individual and one company — against a class action brought by a former employee alleging wage violations, fraud and unjust enrichment. Despite her membership interests, the individual membership interest holder is not an employer of the employee and did not have significant control over the employer’s day-to-day operations, whereas the company membership interest holder has more control over the day-to-day operations of the employer.
Court: USDC Maine, Judge: Walker, Filed On: February 7, 2024, Case #: 2:22cv425, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Fraud, Jurisdiction
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