191 results for 'nos:"Other Labor Litigation - Labor"'.
J. Nagala grants the employer and labor union's motions to dismiss, ruling that because the union did not employ the employee, he cannot bring any wage or employment-related claims against it. Meanwhile, the failure by the employee to file his suit within two years of the employer's alleged failure to pay overtime requires dismissal.
Court: USDC Connecticut, Judge: Nagala, Filed On: August 18, 2023, Case #: 3:22cv927, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Labor
J. Copenhaver denies the former employee’s motion to file an amended complaint in his age discrimination suit against the automotive parts manufacturer. The court finds since the employee knew on May 4 — the day the manufacturer filed its motion for summary judgment — of another potential claim, the timing of his July 27 motion for leave to amend “would lead to increased litigation costs for defendant and would further delay the resolution of this matter” because it comes only eight days before a pretrial conference and 26 days prior to trial.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: August 17, 2023, Case #: 2:22cv262, NOS: Other Labor Litigation - Labor, Categories: Discovery, Employment Discrimination, Labor
J. Grosjean denies, in part, Walmart’s motion to dismiss two individuals' class labor and wage claims. The individuals have sufficiently alleged six of their claims, including for overtime, minimum wage and rest period violations.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: August 16, 2023, Case #: 1:20cv500, NOS: Other Labor Litigation - Labor, Categories: Labor
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J. Scarsi grants an employer's motion to dismiss a former employee's allegations of wage and hour violations. The employee has not offered any specific factual details about the hours she worked, the amount of wages she's owed, has not alleged a specific workweek when she was denied a meal or rest break, has not stated the date of her termination or the amount of the wages she expected.
Court: USDC Central District of California, Judge: Scarsi, Filed On: August 14, 2023, Case #: 2:23cv2802, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action
J. Boone denies an individual’s ex parte application to extend the deadline to file a reply and for leave to take depositions in her putative class labor action. Due, in part, to her delay, she fails to show that such an extraordinary remedy is warranted.
Court: USDC Eastern District of California, Judge: Boone, Filed On: August 10, 2023, Case #: 1:19cv484, NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Class Action, Labor
J. Traum grants a union’s motion for summary judgment in this suit brought by the former flight attendant on claims of discrimination and coercion under the Railway Labor Act after his bidding privileges for work schedule and vacation were suspended due to nonpayment of union dues or agency fees. Under the Act, unions have a statutory duty to represent nonmembers and members equally and may require payment of dues or fees as a condition of employment and may uniformly impose seniority-related penalties for nonpayment.
Court: USDC Nevada, Judge: Traum, Filed On: August 9, 2023, Case #: 2:20cv437, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Labor / Unions
J. Moskowitz grants a cleaning service app's motion to compel arbitration of the contractors' labor claims. The binding arbitration provision in the parties' contract was procedurally unconscionable because it was not adequately explained to the contractors and they had no bargaining power. However, the arbitration provision was not substantively unconscionable, as it supports the appointment of a neutral arbitrator and the cleaning service app covers the payment of filing fees.
Court: USDC Southern District of California, Judge: Moskowitz, Filed On: August 4, 2023, Case #: 3:23cv45, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Labor
J. Seeborg grants preliminary approval to a class action settlement in a dispute over allegedly unpaid wages between a class of employees and their employer. The settlement, with a net amount of $44,040,833.33, appears fair, adequate and reasonable. Minor modifications to the class definitions, namely expanding the class period through the date of preliminary approval and a change to the definition of the class of hourly employees to specify that it includes all retail employees, do not meaningfully change this analysis.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: July 28, 2023, Case #: 3:16cv1854, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action
J. Montenegro finds that the operators of medical supply facilities, as non-signatories to an arbitration agreement, may not enforce its provisions as third-party beneficiaries in a suit brought against them by a worker alleging unpaid compensation. The worker's contract is with a temporary staffing company and the operators of the medical supply facilities fail to show that they are or were at any time "partners" of the staffing company. Furthermore, nothing in the arbitration agreement "evinces an intention to cover assignees or successors-in-interest."
Court: USDC Southern District of California, Judge: Montenegro, Filed On: July 19, 2023, Case #: 3:21cv1519, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment
J. Aiken grants preliminary approval of a $7.35 million settlement in the hourly employees' class action accusing the health care company of unlawfully time-rounding the employees' work hours to pay them less. The net settlement fund amounts to approximately 54% of the employees' allegedly lost wages. Class members' settlement payments will be calculated proportionally based on each member's net time clock calculation.
Court: USDC Oregon, Judge: Aiken, Filed On: July 17, 2023, Case #: 6:21cv825, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action
J. Rakoff denies The Four Seasons hotel's motion to compel arbitration and to strike class allegations in this suit brought by employees who were placed on indefinite furlough pursuant to Covid-19 protocols. Factual allegations suggest that the employees were subject to an effective permanent layoff, lasting longer than 6 months. Such claims are contractually exempt from mandatory arbitration. A class-action waiver cited by the hotel is not applicable.
Court: USDC Southern District of New York, Judge: Rakoff , Filed On: July 5, 2023, Case #: 1:22cv6781, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Covid-19
J. Gutierrez grants final approval to a $53.5 million settlement that will bring an end to the flight attendants' class action alleging that United Airlines did not list specific information on the current and former flight attendants' wage statements such as total hours worked, hourly rates and United Airlines' physical address. The average net settlement value for each class member will be approximately $3,178, which is 79% of the highest possible individual recovery, given the Labor Code's $4,000 statutory cap. United Airlines also agrees to make changes to the format of its wage statements to better comply with California law.
Court: USDC Central District of California, Judge: Gutierrez, Filed On: June 29, 2023, Case #: 2:15cv7985, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor
J. Kelley denies a construction company and individual's motion for judgment as a matter of law following a jury verdict in favor of a worker who was injured when he fell from a ladder, which prompted an investigation by the Occupational Safety and Health Administration. The Secretary of Labor showed the company and individual retaliated against the employee by reporting him to immigration officials and arranging a meeting, following which the worker was arrested.
Court: USDC Massachusetts, Judge: Kelley, Filed On: June 14, 2023, Case #: 1:19cv10369, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Labor