132 results for 'cat:"Employment" AND cat:"Jurisdiction"'.
J. Ellison finds that FBI employees who were required to take regular Covid-19 tests, as part of an accommodation policy for those that requested a religious exemption to vaccine mandates, cannot sue Attorney General Merrick Garland and FBI Director Christopher Wray in their individual and official capacities for violations of the Religious Freedom Restoration Act. The court lacks subject matter jurisdiction because sovereign immunity prevents the plaintiffs’ claim under the Act, and the defendants’ location in Washington D.C. and their roles enforcing U.S. policy prevent the court from having personal jurisdiction. The suit is dismissed.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: April 29, 2024, Case #: 4:23cv1817, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, jurisdiction, employment Discrimination
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J. Stearns partially denies a company and its CEO’s motion for summary judgment against their former national sales and business manager who is suing them for allegedly retaliating against her and violating the Massachusetts Wage Act. The manager engaged in protected conduct in Massachusetts and performed work she allegedly wasn’t paid for commissions earned in Massachusetts, so even though the company and its CEO are in Illinois and the manager is not a Massachusetts resident, she can bring a claim under the Massachusetts Wage Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: April 11, 2024, Case #: 1:22cv10750, NOS: Civil Rights - Habeas Corpus, Categories: employment, jurisdiction, employment Retaliation
J. Bumb dismisses claims contending a wealth manager failed to pay a temporary employee for corporate branding and marketing services because the employee failed to demonstrate the wealth manager's Delaware-based activities purposefully targeted New Jersey or that the wealth manager knew the employee resided in that state at the time of his alleged contract.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 9, 2024, Case #: 1:23cv4352, NOS: Other Contract - Contract, Categories: employment, jurisdiction, Contract
J. Crenshaw grants the company defendants' dismissal motion and remands the remaining claims in this employment dispute based on a lack of jurisdiction. The plaintiff, who worked as an account executive under an "at will employment arrangement," failed to file a timely response to the dismissal motion, and the court additionally finds that the claims "fail on the merits."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: April 9, 2024, Case #: 2:24cv8, NOS: Other Labor Litigation - Labor, Categories: employment, jurisdiction
Per curiam, the appellate division finds that the lower court properly found for the employer in an employment discrimination suit. The employer is based in New York, and the employee only began working out of his New Jersey home in 2020 during the Covid-19 lockdown. He therefore cannot avail himself of the New Jersey Law Against Discrimination or the New Jersey Conscientious Employee Protection Act. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 28, 2024, Case #: 01770, Categories: jurisdiction, employment Discrimination, Whistleblowers
J. Partida-Kipness finds in this interlocutory appeal that the lower court improperly denied the hospital's plea to the jurisdiction in this lawsuit alleging disability discrimination and retaliation. The former employee contends that his termination was a product of discrimination, but he failed to produce evidence that the hospital's "reasons for terminating him were false or a pretext for discrimination." Accordingly, the claims are dismissed for lack of jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 26, 2024, Case #: 05-22-01358-CV, Categories: jurisdiction, employment Discrimination, employment Retaliation
J. Bumb remands to state court a complaint alleging that the law firm and real estate holding company wrongfully failed to provide the attorney with retirement benefits after firing her. The retirement plan fell outside ERISA because there is no information on the procedures for obtaining the post-retirement income, nor information on how to challenge the decision to deny benefits. Further, there is no evidence the attorney fraudulently joined the partner or the law firm in the underlying whistleblower claim to avoid remand.
Court: USDC New Jersey, Judge: Bumb, Filed On: March 20, 2024, Case #: 1:23cv4224, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, Erisa, jurisdiction
J. St. Eve finds that the court lacks jurisdiction to hear the school's appeal of the lower court's order denying its motion to dismiss a sex discrimination suit on the basis of church autonomy. The lower court has not issued a conclusive decision on the school's church-autonomy defense, and did not second-guess the school's determination that the teacher was not in doctrinal good standing. Rather, the viability of the school's defense depends on the strength of the teacher's allegations related to pretext.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 18, 2024, Case #: 21-2683, Categories: jurisdiction, employment Discrimination, First Amendment
J. D’Agostino preserves a shipper and receiver’s untimely wages complaint against her employer, a packaging materials manufacturer. Her allegations sufficiently articulate an injury suffered, so she has standing to sue, and the state labor law at issue affords a private right of action.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 14, 2024, Case #: 1:23cv790, NOS: Other Labor Litigation - Labor, Categories: employment, jurisdiction, Labor
J. Wyrick grants the government's dismissal motion in this lawsuit concerning an Occupational Safety and Health Administration final rule regarding "reporting requirements for injury and illness records." The trade associations challenge the rule's "reasonable reporting requirement and the anti-retaliation provision." However, they fail to establish associational standing. Accordingly, the suit is dismissed without prejudice.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 11, 2024, Case #: 5:17cv9, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, employment, jurisdiction
J. Geraci allows a delivery driver to continue certain claims contending Insomnia Cookies failed to pay minimum wage and misappropriated tips because the cookie company does not employ or recruit employees in the state, and the complaint failed to demonstrate wage and tip violations related to business transacted in New York. However, the complaint plausibly alleges the company failed to provide the driver the full amount of tips.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:23cv6321, NOS: Fair Labor Standards Act - Labor, Categories: employment, jurisdiction
J. Benton finds a lower court properly dismissed two India nationals motion to obtain permanent status in the U.S. The two nonimmigrant workers, who attained temporary authorization to work, argued that they are entitled to a temporary restraining order against the immigration service for prompt adjudication of their applications. However, the government sufficiently showed that the court lacks subject matter jurisdiction. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-3066, Categories: employment, Immigration, jurisdiction
Per curiam, the circuit finds that the district court failed to resolve whether two New York City restaurants violated federal wage laws upon paying subclasses of current and former employees. Prior to trial, the parties agreed to submit only state labor law claims to the jury, which found for the workers, but the status of the federal claims should be clarified on remand since those claims had not been formally dismissed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 5, 2024, Case #: 22-1558, Categories: employment, jurisdiction, Class Action
[Modified.] J. Jackson grants a university's motion for confidential treatment of student identities by modifying multiple paragraphs of a previously published opinion with no change in judgment. A university had jurisdiction over a tenured professor and was within its discretion to both fire him and deny him emeritus status based on undisputed findings that he sexually abused two women who were not university students. The university had the authority to enforce its faculty code of conduct, the professor's conduct was subject to discipline under the code, and he violated ethical principles and impaired the university's central functions. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: March 1, 2024, Case #: A164480, Categories: employment, jurisdiction