4,409 results for 'cat:"Employment"'.
J. AliKhan largely grants the employer's motion for summary judgment and denies the employee's cross-motion for partial summary judgment in her suit alleging that the employer failed to accommodate her disabilities and cut her hours and threatened to terminate her for taking medical leave. Summary judgment is denied to the employer as to claims related to failures to provide an ergonomic chair and desk and related to the employer's requirement that the employee recertify her FMLA leave. It is otherwise granted.
Court: USDC District of Columbia, Judge: AliKhan, Filed On: May 3, 2024, Case #: 1:19cv1766, NOS: Employment - Civil Rights, Categories: employment, employment Discrimination, employment Retaliation
J. Saylor denies in part several funds and their chairman’s motion for summary judgment against their former administrator who is being sued for breach of fiduciary duty and has asserted counterclaims for sexual harassment, creating a hostile work environment, retaliation for reporting harassment and failure to accommodate her Type 1 diabetes. The chairman repeatedly behaved inappropriately and made sexual comments to the administrator, such as telling her that he wanted her and had a crush on her and that his wife wasn’t taking care of him, attempting to kiss her against her will immediately after screaming and swearing at her after she gave told him his behavior made her uncomfortable, and if the breasts of an employee on medical leave for breast cancer were “any good.”
Court: USDC Massachusetts, Judge: Saylor, Filed On: May 3, 2024, Case #: 1:21cv10163, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, employment Discrimination, employment Retaliation
J. Webb answers the federal district court's certified question regarding Arkansas code addressing employee firearm possession on an employer's property. The Union Pacific employee's truck caught fire, revealing that he had a gun inside, against Union Pacific's rules. Though the gun was properly locked, out of plain view, in compliance with the law, the employee was suspended for the company violation. Arkansas changed its law regarding weapons concealment and asked Union Pacific for clarification of its position in light of the change. The Arkansas code is not dependent on liability immunity provisions. If the employer immunity provision is preempted by the Federal Employers’ Liability Act, the Arkansas Code is not likewise preempted.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: May 2, 2024, Case #: CV-23-653, Categories: Constitution, employment, Firearms
J. Richardson finds the lower court improperly dismissed the workers’ complaint for lack of subject matter jurisdiction. A fiber plant hired a crew of industrial custodians to clean up a room that uses large ovens to convert recycled plastics into polyester fibers. When a worker swept one large batch of plastic dust, the dust brushed against the oven and immediately ignited, engulfing the oven in a fireball. Moments later, the entire room was aflame. South Carolina law provides that certain workers’ compensation disputes are within the exclusive cognizance of the state Workers’ Compensation Commission, meaning that covered employees cannot bring common-law actions, like tort claims, to state courts. However, state law cannot circumscribe federal subject matter jurisdiction. Vacated.
Court: 4th Circuit, Judge: Richardson, Filed On: May 2, 2024, Case #: 23-1163, Categories: employment, Jurisdiction, Workers' Compensation
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J. Elrod finds the district court improperly dismissed the flight attendants' injury claims as time-barred. The Texas Supreme Court answers certified questions confirming that certain civil practice and remedies code applies to invoke a prior district court’s subject matter jurisdiction with proper pleading. The code applies here where the Dallas district court dismissed the previous action for lack of jurisdiction and this second action was filed within 60 days after the flight attendants exhausted all appeals from that dismissal. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: May 2, 2024, Case #: 22-20317, Categories: employment, Tort, Negligence
J. Hernandez dismisses the patient access specialist's First Amendment claim alleging that the university wrongfully placed her on unpaid leave and eventually fired her after rejecting her religious exemption request to receiving the Covid-19 vaccine. The patient access specialist does not prove that the university employees were barred from trying to distinguish between religious and secular objections to a vaccine or from denying exemptions to a state-mandated vaccine mandate.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 2, 2024, Case #: 3:23cv1562, NOS: Employment - Civil Rights, Categories: employment, Immunity, Covid-19
J. Fischer finds that the lower court properly declined to set aside a default judgment against the employer in a case filed by a worker alleging he was discriminated against for filing a workers' compensation claim following a fall that injured his back. The employer failed to prove good cause for its default and defaulted claims asserting the court wrongly awarded punitive damages. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: May 1, 2024, Case #: SC100193, Categories: employment Retaliation, Workers' Compensation
J. Bennett grants the commission’s motion to dismiss this employment dispute brought by a former employee alleging wrongful termination and retaliation after she complained that an external speaker used the word “negro” during a presentation. She claims retaliation in violation of the Maryland Fair Employment Practices Act and Title VII, but fails to plausibly allege she was engaged in a protected activity or an adverse action. The court finds she cannot cure her defects by amending her complaint. Therefore, the clerk shall close this case and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Bennett, Filed On: May 1, 2024, Case #: 1:23cv2492, NOS: Employment - Civil Rights, Categories: Civil Rights, employment Retaliation
Per curiam, the circuit finds the district court properly dismissed a doctor's defamation, fraud and age discrimination claims. Utilizing the medical personnel placement service, says he was not selected for a position for which he was referred because of his age. The service did not fail to refer him for employment and the employer did not hire him due to a lack of specific federal experience. The employer's statement the doctor was "difficult to reach" is not defamatory and the record does not support his claims of fraud. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 23-11066, Categories: Fraud, Defamation, employment Discrimination
J. Myren finds that the circuit court properly affirmed the decision of The Sully County Board of Commissioners to deny a claim for reimbursement under county poor-relief statutes for emergency medical treatment provided to an individual. The individual is a Mexican national who worked on a seasonal visa for a few months per year in Sully County. While working in Sully County in 2014, the individual suffered appendicitis and required emergency medical services. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren , Filed On: May 1, 2024, Case #: 2024SD25, Categories: employment, Health Care
J. Hollander grants the university’s motion to dismiss this employment dispute brought by a former Black assistant professor alleging retaliation, race discrimination and hostile work environment claims. Her teaching contract was not renewed after making a complaint to human resources regarding a supervisor directing her to work five days a week, but she could not because of a daycare situation. She fails to include allegations related to the retaliation claims, making it inconsistent with the discrimination claims for the exhaustion requirement.
Court: USDC Maryland, Judge: Hollander, Filed On: May 1, 2024, Case #: 1:23cv2272, NOS: Employment - Civil Rights, Categories: employment Discrimination, employment Retaliation
J. Abudu finds that the district court properly ruled in favor of the employer in a race discrimination action brought by the former employee, a white woman. The ex-employee claimed that she was discriminated against by her supervisor, a Black woman, and that she was unfairly denied a transfer or reassignment. The district court correctly found the ex-employee failed to show she was fired or discriminated against based on her race. The ex-employee failed to allege a claim for retaliation and failed to show that the employer's non-discriminatory reasons for firing her due to performance issues were pretextual. Affirmed.
Court: 11th Circuit, Judge: Abudu, Filed On: May 1, 2024, Case #: 22-11401, Categories: employment Discrimination
J. Mehalchick denies a nursing home’s motion for summary judgment concerning a former employee’s Fair Labor Standards Act claim alleging a failure to pay overtime compensation. There is a question of material fact as to whether the former employee’s primary duty was managerial and thus exempt from overtime compensation. The former employee’s motion for partial summary judgement for liquidated damages was also denied since the decision would be merely advisory.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: May 1, 2024, Case #: 3:22cv828, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, employment, Erisa
J. Thompson approves a consent decree settling an employment lawsuit alleging unlawful sexual harassment and a hostile work environment based on gender by a former employee against Chipotle. The consent decree governs two Chipotle locations and will be in effect for two years, ensuring compliance and enforcement for a discrimination-free workplace. Chipotle shall pay the employee $50,000 and this case is dismissed with prejudice, but the court retains jurisdiction over this matter for enforcement purposes.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: May 1, 2024, Case #: 2:22cv326, NOS: Employment - Civil Rights, Categories: Corporations, employment, Settlements
J. Klappenbach finds the board of review improperly found the unemployment benefits recipient was disqualified from receiving benefits because she refused to accept an offer of work. The recipient applied for benefits after being laid off from Family Dollar. She was the only witness, denying she was offered a job, saying she had gone to an interview to discover the job she interviewed for was not the for which she had applied. Substantial evidence does not support the board's decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 1, 2024, Case #: E-23-135, Categories: employment, Evidence, Insurance
J. Rothstein dismisses the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant fails to state his claim because while intangible injuries like the omission of statutorily required information can be concrete, the job applicant actually alleges a technical violation because the job posting's lack of information does not harm or create a material risk of harm to any single person's concrete interest.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: April 30, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: Civil Rights, employment, Class Action