17 results for 'cat:"Government" AND cat:"Labor"'.
J. Boasberg grants the National Labor Relations Board's motion to dismiss the Starbucks employees' action challenging procedures that protect against the removal of Board members. The employees have not shown that they have suffered an injury because of the protections, which are intended to maintain the independence of the agency, and their claims that the protections violate the Constitution's separation-of-powers guarantees also fail on their merits.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 10, 2024, Case #: 1:23cv2954, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, government, labor / Unions
[Consolidated.] J. Stinson denies the government's motion for reconsideration of a previous decision granting partial summary judgment to the contractor. The contractor's alleged failure to submit auditable final indirect cost rate proposals on its time and material contracts did not give the government a basis to assess a decrement on the contractor's costs for direct labor, which were determined by contractually mandated hourly labor rates. Although it may have a right of recoupment based upon other provisions, the cited regulation does not provide the government that authority in the context of these appeals.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: January 31, 2024, Case #: 62413, Categories: government, Contract, labor
J. Helmick grants the federal government's motion for summary judgment, ruling the administrative review board properly considered all of the evidence presented by both the employer and the government regarding payment of subminimum wages to disabled employees; therefore, its decision was not arbitrary or capricious. Because the board's decision was supported by credible evidence and the employer failed to prove the wages were based only on the productivity of the employees, the employer will pay the full amount of liquidated damages requested by the government to the employees.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: January 4, 2024, Case #: 3:20cv2325, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, government, labor
J. Flanagan grants the acting federal secretary of labor’s motion for default judgment against a Mexican restaurant and its owners for alleged labor law violations. Because the restaurant and its owners failed to submit a notice that they would be proceeding pro se or with representation, the court clerk entered default against them in October 2023. The owners are now ordered to pay in excess of $154,000 in back wages and liquidated damages to the department of labor.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 3, 2024, Case #: 4:20cv189, NOS: Fair Labor Standards Act - Labor, Categories: government, labor
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J. Pitman grants an injunction to Department of Labor after it sued a mining company in an effort to enforce requirements on regular mine inspections. The mining company argued the mine had ceased operations and therefore should not be subject to such requirements, but federal officials have already determined that the site meets the technical definitions of a surface mine, and this classification “should be treated as conclusive.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 20, 2023, Case #: 1:23cv1147, NOS: Other Statutory Actions - Other Suits, Categories: government, labor, Injunction
J. Knepp grants, in part, the Department of Labor's motion for summary judgment, ruling the principal owner of the chain of wireless stores will be held jointly liable for any violations of the Fair Labor Standards Act. While managers oversaw day-to-day operations, he set in place the payment structure for employees that led to this lawsuit. Meanwhile, neither party is entitled to judgment on the minimum wage claim, given the lack of complete payroll records to support the owner's claim that deductions were taken out to offset theft and allow for loans to employees.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: August 25, 2023, Case #: 3:20cv718, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, government, labor
J. Lamberth grants, in part, a union's discovery motion regarding labor- and wage-related information from the postal service. Limited discovery on requests for position, location, base salary and overtime pay data, along with positions that are excluded from representation, will be allowed, as ultra vires review under the Postal Reorganization Act is not restricted to the administrative record.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: August 15, 2023, Case #: 1:19cv2236, NOS: Other Statutory Actions - Other Suits, Categories: government, Discovery, labor / Unions
Per curiam, the Hawaii Supreme Court denies a writ of mandamus to the Honolulu mayor, finding that the petition is improper and asks the lcourt to sidestep normal appeal procedures in a matter concerning who had jurisdiction over labor complaints under the former governor’s emergency Covid-19 proclamations.
Court: Hawai'i Supreme Court, Judge: Per curiam, Filed On: August 7, 2023, Case #: SCPW-23-46, Categories: government, Jurisdiction, labor
J. Rice grants the farm workers leave to file a third amended complaint for the unresolved claims affected by the 2022 final rule of the U.S. Department of Labor's prevailing wage finding methodologies, as their lawsuit claims that the agency made policy changes that drastically lowered the minimum wage of farmworkers in the H-2A temporary agricultural visa system. The farm workers contend that the agency is not prejudiced by a third amended complaint that includes already known facts, and the government department does not object to challenges to discrete aspects of its new prevailing wage finding methodology.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 27, 2023, Case #: 1:20cv3241, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, government, labor
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the fire captain's petition for a writ of mandamus to compel his promotion to battalion chief. The promotion decision was governed exclusively by the CBA between the labor union and the city; therefore, the captain had an adequate remedy by way of a grievance or arbitration. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2264, Categories: Employment, government, labor / Unions
J. Pitman grants summary judgment to the Department of Labor after it was sued by a restaurant association over a rule from the department limiting the amount of non-tipped work that tipped employees can do following allegations from the department that restaurants were misusing “tip credits” — that is, offsets taken out of tips and later paid to employees to make sure they are making minimum wage — in order to subsidize non-tipped work. The association has sought to enjoin this rule, but while the Fifth Circuit did previously find that restaurants could face harm from the rule, the rule was not arbitrary and capricious, and without it, the government and the public could be harmed.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 6, 2023, Case #: 1:21cv1106, NOS: Fair Labor Standards Act - Labor, Categories: government, labor, Injunction
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. Dooley denies the employer's motion to dismiss putative class labor claims, ruling the 2015 rule added to the Fair Labor Standards Act to deny third-party employers certain exemptions for live-in health care workers is a reasonable interpretation of the Act. Prior to the rule, the legislation was completely silent on whether exemptions applied to third-party employers. Therefore, because the legislature followed proper procedure when it passed the rule, including a notice and comment period, it is a reasonable interpretation of the law and applies to the employer in this case.
Court: USDC Connecticut, Judge: Dooley, Filed On: June 6, 2023, Case #: 3:22cv612, NOS: Fair Labor Standards Act - Labor, Categories: government, Class Action, labor