442 results for 'nos:"Fair Labor Standards Act - 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
J. Roemer allows plaintiffs to continue class claims contending a company failed to pay home care workers overtime, reimburse expenses, and provide proper wage notices. The viability of the untimely wage payment claims has been adjudicated against the company, and there remain outstanding factual and legal questions regarding the company's timekeeping policies.
Court: USDC Western District of New York, Judge: Roemer , Filed On: January 24, 2024, Case #: 1:19cv1417, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment
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J. Duffin partially grants the public schools district officials' motion to dismiss a lawsuit from a former employee claiming she was targeted for retaliation and discrimination as a white woman because she opposed the promotion of an unqualified Black male to the position of chief academic officer. The employee's claims under the Fair Labor Standards Act and a Wisconsin labor statute are dismissed, as are her constitutional claims against the district and members of the district's board of directors in their official capacities. Her federal-law race and sex discrimination claims, public records claims against the district and the board, and a First Amendment claim against one board member in her individual capacity survive the motion to dismiss.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: January 19, 2024, Case #: 2:23cv948, NOS: Fair Labor Standards Act - Labor, Categories: Due Process, Employment Discrimination, Employment Retaliation
J. Grosjean grants, in part, an employee’s motion to compel in her contract and labor case against a school district. The district, which merely restated its responses to certain requests for admissions, must respond with an admission, denial, or reason why it cannot admit or deny it.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 17, 2024, Case #: 1:21cv500, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Contract, Labor
[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. 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. Aiken grants the delivery driver's corrected motion for conditional certification regarding his class action accusing the Domino's Pizza franchise owner of not reimbursing the delivery drivers for gas and other automobile expenses. The delivery driver achieves conditional certification as a proposed collective for all delivery drivers employed by the franchise owner since Oct. 31, 2019, because the franchise owner's own declaration shows that he had the authority to hire and fire these employees as well as implement policies concerning them.
Court: USDC Oregon, Judge: Aiken, Filed On: January 9, 2024, Case #: 6:22cv1668, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Flanagan grants the acting federal secretary of labor’s motion for default judgment against a Mexican restaurant and its owners for alleged labor law violations. Because the restaurant and its owners failed to submit a notice that they would be proceeding pro se or with representation, the court clerk entered default against them in October 2023. The owners are now ordered to pay in excess of $154,000 in back wages and liquidated damages to the department of labor.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 3, 2024, Case #: 4:20cv189, NOS: Fair Labor Standards Act - Labor, Categories: Government, Labor
J. Watson denies the employer's motion to dismiss, ruling the federal government's 1988 guidance on tipped employees, which established an 80/20 rule to determine whether an individual can be paid a tipped wage, is reasonable and can be applied to the employee's Fair Labor Standards Act claims; therefore, the employees have stated plausible claims under the Act.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: January 2, 2024, Case #: 2:23cv1316, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Fouratt grants the employees' motion for conditional class certification in a labor case, ruling that while the employer is based in Texas, this court has jurisdiction over the case because the claims presented in the complaint deal exclusively with its contracts governing New Mexico-based employees and will not include individuals who worked in Texas.
Court: USDC New Mexico, Judge: Fouratt, Filed On: January 2, 2024, Case #: 2:22cv252, NOS: Fair Labor Standards Act - Labor, Categories: Jurisdiction, Class Action, Labor
J. Parker grants the restaurant's motion to compel arbitration in a wage and hour class action. The employees assert that they were not paid for hours worked over 40 per week, and were not permitted to keep gratuities. However, the employment contract clearly advises employees that by signing they will waive their rights to bring a class action lawsuit, and contains an acknowledgment form advising employees that it is their responsibility to be familiar with the arbitration agreement.
Court: USDC Southern District of New York, Judge: Parker, Filed On: December 27, 2023, Case #: 1:22cv1880, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Contract
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