8 results for 'cat:"Civil Procedure" AND cat:"Employment" AND cat:"Labor"'.
J. Kennelly denies the airline workers' motion for leave to file an amended complaint against their employer, United Airlines. The workers sued United because they opposed its Covid-19 vaccine and mask mandate for employees, and they brought a dozen different claims. But none of their claims are viable, and they have until Sep. 26 to propose "an amended complaint stating at least one viable claim over which the court has jurisdiction." Otherwise, the case will go to United.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: September 5, 2023, Case #: 1:23cv989 , NOS: Employment - Civil Rights, Categories: civil Procedure, employment Discrimination, labor
J. Stewart reverses the court of appeals decision upholding a finding for a city on a union's complaint, in which it argues a fire chief's retirement created a vacancy in the department, regardless of the fact he was rehired the next day. A vacancy in the fire department occurred immediately upon the retirement and, therefore, the city was required to fill the position via the mandated promotional process. While the chief claims he never intended to resign but merely wanted to collect pension benefits simultaneously, his intent is irrelevant and the case must be remanded to the appeals court to consider the union's previously mooted arguments. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 29, 2023, Case #: 2023-Ohio-2976, Categories: civil Procedure, employment, labor / Unions
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J. Gilliland issues an omnibus pre-trial order in a dispute between a former worker and a major Texas farm organization after the worker alleged that he was improperly classified as a contractor. The omnibus order clarifies, among other things, that the Texas Farm Bureau cannot claim the “Outside Sales Exemption” to the Fair Labor Standards Act in this dispute because selling products was not the worker’s “primary duty.”
Court: USDC Western District of Texas , Judge: Gilliland, Filed On: May 17, 2023, Case #: 6:19cv679, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, employment, labor
J. Gilliland grants summary judgment determining that the Texas Farm Bureau, a major state agricultural organization, is not a “retail establishment” and therefore “not exempt from FLSA overtime wage requirements on that basis” after the group was sued by a former agency manager who alleged he was improperly classified as a contractor to avoid employment requirements.
Court: USDC Western District of Texas , Judge: Gilliland, Filed On: May 16, 2023, Case #: 6:19cv679, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, employment, labor