7 results for 'cat:"Evidence" AND cat:"Class Action" AND cat:"Labor"'.
J. Nagala grants, in part, the deckhand's motion for conditional class certification, ruling the four employee declarations regarding the employer's refusal to compensate them for time spent moving boats to and from jobsites, which deprived them of overtime pay, are sufficient at this stage to demonstrate a workplace policy that violates the Fair Labor Standards Act.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 19, 2024, Case #: 3:23cv46, NOS: Fair Labor Standards Act - Labor, Categories: evidence, class Action, labor
J. Cole denies the restaurant employees' motion for class certification, ruling that while the lead plaintiff cites his own experiences of being denied tips during the Covid-19 pandemic, his complaint says nothing about the experiences of other waitstaff and, therefore, cannot satisfy typicality or commonality requirements.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 18, 2024, Case #: 1:21cv377, NOS: Fair Labor Standards Act - Labor, Categories: evidence, class Action, labor
J. Nagala grants the employees' motion for class certification, ruling that although the class members were employed by FedEx for different periods of time and had minor differences in their job duties, they were all subject to the same pre-work security screenings and satisfy commonality requirements.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 8, 2024, Case #: 3:21cv1644, NOS: Other Labor Litigation - Labor, Categories: evidence, class Action, labor
J. Watson grants, in part, the employer's motion for summary judgment, ruling the two-year statute of limitations will apply to all Fair Labor Standards Act claims brought in the lawsuit by the class of delivery drivers because the employer's potential misclassification of the drivers was not willful conduct. Rather, the company's owner testified he was unaware of similar lawsuits filed by Amazon delivery drivers and based the classification on his previous experience as a delivery driver.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: February 29, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: evidence, class Action, labor
J. Marbley grants the exotic dancers' motion for class certification, ruling that while the tenant agreements signed by the dancers at different clubs may not be identical, they were all subject to similar employment conditions that required them to pay rent to the clubs as a condition of their employment, which satisfies commonality requirements.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 6, 2023, Case #: 2:15cv2883, NOS: Fair Labor Standards Act - Labor, Categories: evidence, class Action, labor
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J. Morrison denies both parties' motions for summary judgment on unpaid overtime claims filed by the class of employees. The generalizations made by the employees about compensable work performed at the beginning and end of their shifts is insufficient to prove any violations of the FLSA, while the employer's failure to provide any evidence to rebut allegations it altered timesheets prevents judgment in its favor. Meanwhile, because the employees were governed by a contract with their employer, they cannot recover any damages for their unjust enrichment claim, which must be dismissed.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: July 10, 2023, Case #: 2:21cv1265, NOS: Fair Labor Standards Act - Labor, Categories: evidence, class Action, labor
J. Seeley finds the lower court properly granted the employer's motion for summary judgment on labor law claims filed by a class of limousine drivers. Evidence shows the drivers did not work during one-hour unpaid meal breaks and used the time for their own benefits. Although the drivers were required to stay with their vehicles and remain within two miles of their next scheduled pickups, deposition testimony indicates they were able to go to malls and offtrack betting sites, converse with other drivers, and use their cell phones to surf the internet, all of which proved the time was not compensable under the relevant labor laws. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: June 15, 2023, Case #: AC44659, Categories: evidence, class Action, labor