28 results for 'cat:"Damages" AND cat:"Labor"'.
J. Seybert grants a construction worker’s motion for reconsideration, but again finds he lacks standing to bring claims for wage statement and notice violations against his employer under the Wage Theft Prevention Act. The court subsequently enters default judgment in his favor on his unpaid regular and overtime wages claims and awards him $17,217 in unpaid wages, plus that amount in liquidated damages, as well as pre- and post-judgment interest.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: April 16, 2024, Case #: 2:21cv4959, NOS: Fair Labor Standards Act - Labor, Categories: Employment, damages, labor
J. Chen adopts a magistrate judge’s report and recommendation in full and enters partial default judgment against a landscaping and paving company, ruling it is liable for unpaid union benefit contributions. However, the court finds the pension funds request for damages to be excessive and directs it to renew its request with additional documentation to properly determine the amount the contractor ultimately owes.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv5276, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, damages, labor / Unions
J. Johnson grants the employee's motion for liquidated damages and partly grants his motion for attorney fees after a jury verdict in his favor on a claim under the Fair Labor Standards Act. Because the employers' actions were willful, the employee is awarded $9,894 in liquidated damages. Also, after a reduction in the lodestar amount, he is awarded $19,805 in attorney fees.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: March 28, 2024, Case #: 4:19cv626, NOS: Fair Labor Standards Act - Labor, Categories: damages, labor
[Consolidated.] J. Moore grants the National Labor Relations Board's motion to enforce an order requiring the employer to provide back pay to two employees fired after they supported unionization efforts, ruling both employees made concerted efforts to reenter the workforce after they lost their jobs, which prevents a reduction of their damages. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: March 28, 2024, Case #: 23-1632, Categories: Evidence, damages, labor / Unions
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J. Komitee issues his findings of fact following a bench trial and rules in favor of four car wash attendants on their unpaid-wages and retaliation claims against a Brooklyn-based car wash. The court awards each litigant $3,000 in damages for their state labor law retaliation claims, prejudgment interest, plus individualized awards for unpaid wages and misappropriated gratuities.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 20, 2024, Case #: 1:13cv6085, NOS: Fair Labor Standards Act - Labor, Categories: Employment, damages, labor
J. Horan grants grants default judgment to a cook on his claim he was not paid for 20 weeks and worked approximately 78 hours per week. The employer's answer was struck as sanction for failing to appear, and, based on the record, the cook is owed $32,000, which includes his minimum pay, overtime and liquidated damages.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 6, 2024, Case #: 3:11cv2968, NOS: Fair Labor Standards Act - Labor, Categories: damages, labor
J. Darrow grants a group of union trustees' motion to dismiss an electrical contractor's bid for reconsideration. The trustees sufficiently showed in court that the electrical contractor failed to pay past due contributions, damages, and attorney's fees.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: February 26, 2024, Case #: 4:18cv4045, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: damages, Contract, labor / Unions
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. Robinson grants the U.S. Department of Labor's motion to pursue Fair Labor Standards Act violation claims against a Mexican style chain of restaurants. The U.S. Department of Labor sufficiently showed in court that the two restaurants failed to properly compensate employees for minimum wages, overtime, and tipping.
Court: USDC Kansas, Judge: Robinson, Filed On: February 2, 2024, Case #: 2:23cv2115, NOS: Fair Labor Standards Act - Labor, Categories: Employment, damages, labor
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. Immergut grants the trust funds $187,800 in damages for their complaint accusing the sand and gravel supplier of not paying full fringe benefit contributions to the trust funds from August to December 2022 and skipping its remittance report in January 2023. The trust funds adequately show that the sand and gravel supplier is liable for their ERISA claim because of its delinquent contributions and the awarded damages equal the amount of unpaid fringe benefits and union dues, interest and liquidated damages.
Court: USDC Oregon, Judge: Immergut, Filed On: January 12, 2024, Case #: 3:23cv1060, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, damages, labor
J. Hall finds a marble countertop supplier liable for an employee’s unpaid regular and overtime compensation and wage statement violations and orders the supplier to pay $31,063 in unpaid overtime compensation, $8,104 in unpaid regular wages, plus liquidated damages, penalties, pre- and post-judgment interest, as well as attorney fees and costs. The supplier failed to present any witness testimony at trial to back up its claims that the litigant was an exempt, salaried manager.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: November 30, 2023, Case #: 2:18cv6103, NOS: Fair Labor Standards Act - Labor, Categories: damages, Attorney Fees, labor
J. Bagley orders the operators of a now-defunct Queens-based Greek-style restaurant to pay two employees a total of $191,274 in unpaid regular, overtime and spread of hours wages plus liquidated damages after the court found them jointly and severally liable for state and federal labor law violations following a bench trial. The judge found the employers to be less than truthful in their testimonies when it came to details regarding the employees’ compensation and hours worked.
Court: USDC Eastern District of New York, Judge: Bagley, Filed On: November 28, 2023, Case #: 2:15cv5081, NOS: Fair Labor Standards Act - Labor, Categories: Employment, damages, labor
J. Matsumoto enters default judgment against the owner of a Brooklyn-based restaurant on state and federal labor law claims and awards a server and bartender a total of $46,970 in damages after finding it liable for their unpaid minimum, overtime and spread-hours wages.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: November 20, 2023, Case #: 1:22cv7064, NOS: Fair Labor Standards Act - Labor, Categories: Employment, damages, labor
J. Katsumoto enters default judgment against a construction company, finding it liable on claims for unpaid minimum, overtime, spread of hours and untimely wages payment under state and federal labor laws. The court awards the two manual laborers a total of $120,322 in damages, plus pre- and post-judgment interest, attorney fees and costs.
Court: USDC Eastern District of New York, Judge: Katsumoto, Filed On: November 17, 2023, Case #: 1:22cv6050, NOS: Fair Labor Standards Act - Labor, Categories: Employment, damages, labor
J. Harris finds the lower court properly awarded damages to the employees. The food distributor could not prove that the employees, labeled as sales representatives despite the majority of their job being inventory and promotions, were covered by the outside sales exemption and therefore were not owed overtime wages. Affirmed.
Court: 4th Circuit, Judge: Harris , Filed On: July 27, 2023, Case #: 21-2897, Categories: Employment, damages, labor
J. McFarland grants the Department of Labor's motion for default judgment, ruling it has sufficient evidence to prove the home health care company failed to pay its employees overtime and minimum wage, and improperly classified them as independent contractors. The company is enjoined from any further violations and is ordered to pay more than $768,000 in liquidated damages.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: June 30, 2023, Case #: 1:20cv744, NOS: Fair Labor Standards Act - Labor, Categories: Government, damages, labor
J. Dlott grants the Secretary of Labor's motion for default judgment, ruling the employer's admissions about its payment practices, including misclassification and manipulation of hours, as well as its failure to keep adequate records, are definitive proof of its violations of the Fair Labor Standards Act. Therefore, based on reliable calculations from another member of the Department of Labor, the employees are entitled to liquidated damages of more than $132,000 for unpaid overtime.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: June 29, 2023, Case #: 1:18cv590, NOS: Fair Labor Standards Act - Labor, Categories: Government, damages, labor
J. WIcks approves a proposed settlement agreement to resolve claims for unpaid overtime wages and unequal pay brought by a group of 27 male fire communications technicians against Nassau County. The litigants are awarded $1.2 million in damages, which includes $175,000 in attorney fees, costs and expenses.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: June 20, 2023, Case #: 2:22cv1572, NOS: Fair Labor Standards Act - Labor, Categories: damages, Attorney Fees, labor
J. Lioi grants the restaurant manager's unopposed motion for default judgment, ruling her allegations are sufficient to prove she was not paid minimum wage or overtime for her work at the restaurant, while testimony regarding the number of hours she worked establish damages in the amount of more than $33,000 for unpaid wages and overtime.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 20, 2023, Case #: 5:22cv1583, NOS: Fair Labor Standards Act - Labor, Categories: damages, labor
J. Kuntz enters summary judgement in favor of a cement and concrete workers union on its ERISA claims against a construction company for unpaid fringe benefits contributions and union dues. The court finds the construction company admitted to its liability for the unpaid amounts when it failed to respond to the union’s request for admissions following audits of its financial records, along with its direct admissions in its responses to the union’s court filings. The union is awarded $421,568 in total damages.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: June 12, 2023, Case #: 1:19cv2145, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, damages, labor
J. Barrett finds that a local union damaged a concrete company’s property in the course of a labor strike. Concrete trucks loaded with wet mix concrete and out delivering to customers were ordered to cease work and return to the employer’s location. While the company took action to minimize damage to the trucks, they lost all of the concrete, as it had a limited time before it hardened and was no longer usable. The company argues the union knew the perishable nature of its product and that the company would suffer loss as a result of the work stoppage. The union argues, and the lower court agreed, that the losses were protected under the National Labor Relations Act, as the loss occurred in the course of a labor strike. But the instant court finds they were not protected, because the Union did not take reasonable precautions to protect against the losses it knew the company would incur and knowingly put the company’s product and equipment at risk. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: June 1, 2023, Case #: 21-1449, Categories: Tort, damages, labor / Unions