784 results for 'cat:"Labor"'.
J. Bredar denies a freight transport company’s motion for summary judgment in this Family Medical Leave act lawsuit stemming from 63 current and former employees’ complaints. The case has been stayed for several years until the unions pursued arbitration proceedings against the company for suspending or terminating the employees after being accused of abusing the FMLA leave. The freight firm alleges the Railway Labor Act preempts the claims and that if the claims are not preempted, then they are time-barred. The arbitrators did not find a key reason for firing the employees to be pretextual. Therefore, the company failed to meet the burden showing the preclusion issue is warranted.
Court: USDC Maryland, Judge: Bredar, Filed On: May 8, 2024, Case #: 1:18cv744, NOS: Family and Medical Leave Act - Labor, Categories: Arbitration, Employment, labor / Unions
J. Heytens finds the lower court improperly granted the county judgment when it found no reasonable adjudicator could view the facts in a way that would make incarcerated workers employees for the purpose of the act. A group of imprisoned people working at a recycling plant sued the county, alleging violations of the Fair Labor Standards Act and two Maryland statutes. There is no definite rule that such workers cannot be covered by the act when they work outside their detention facility’s walls and for someone other than their immediate detainer. Vacated.
Court: 4th Circuit, Judge: Heytens , Filed On: May 8, 2024, Case #: 23-1731, Categories: Employment, labor, Prisoners' Rights
J. Conley denies the construction company's motion to dismiss claims from a class action from employees in part alleging they were not paid their full pay rate or overtime wages for time spent loading trucks and driving to and from job sites. The company's motion to dismiss the employees' state-law claims based on an argument of preemption under the Labor Management Relations Act is premature. The company's motion to stay proceedings pending resolution of a union grievance is denied, as it's not clear how intertwined the grievance and the lawsuit are such that the lawsuit needs to be stayed. The employees' motion to strike the company's reply brief is denied.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: May 8, 2024, Case #: 2:23cv461, NOS: Fair Labor Standards Act - Labor, Categories: Employment, labor / Unions
J. Morrison preserves a Fair Labor Standards Act complaint against two health care staffing agencies brought by the U.S. Labor Department on behalf of two Filipino nurses. The department alleges the agencies entered into employment contracts with three-year commitments and are now seeking thousands of dollars in damages after the nurses decided to quit prior to the end of their contracts, a system that the Labor Department claims constitutes illegal kickbacks and ultimately violates federal minimum and overtime wage regulations. The court rules the agency has standing to enforce the FLSA under both Article II and Article III of the Constitution, and its claims sufficiently allege violations under federal wage laws.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: May 8, 2024, Case #: 1:23cv2119, NOS: Fair Labor Standards Act - Labor, Categories: Employment, labor
J. Kness partially grants the Illinois Department of Corrections’ motion for summary judgment on an older Black employee’s claims of age and race discrimination, and retaliation for union association. The employee, who oversees several parole officers, claims his spotty disciplinary record with the department is the result of systemic ageism and anti-Black racism and departmental retaliation for his efforts to unionize his office. The court finds most of the employee’s discrimination claims either untimely or lacking sufficient evidence, but also finds there is sufficient evidence to support his claim for union activity retaliation against several specific department personnel.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: May 8, 2024, Case #: 1:18cv282, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, labor / Unions
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J. Sessions denies a construction and excavation business, and its board members motion to dismiss in this Fair Labor Standards Act dispute brought by the Department of Labor alleging unlawful retaliation against employees that received back wages from a settlement. The employees alleges that the board members made false and retaliatory statements on the social media platform Facebook. The DoL plausibly alleged the conduct was a retaliation threat based on coercion making it plausibly unprotected. Discovery may proceed and the Labor Department’s motion to amend is also denied.
Court: USDC Vermont, Judge: Sessions, Filed On: May 7, 2024, Case #: 2:23cv560, NOS: Fair Labor Standards Act - Labor, Categories: Employment Retaliation, labor
J. Gorton denies in part a pharmaceutical company’s motion to dismiss a class action brought against it by health and welfare funds of labor unions for allegedly engaging in anti-competitive practices, causing the funds to overpay for prescription asthma medication. “Because no generic QVAR existed at the time [the pharmaceutical company] purportedly discontinued QVAR in favor of QVAR Redihaler, asthma patients necessarily had to be transitioned onto QVAR Redihaler.”
Court: USDC Massachusetts, Judge: Gorton, Filed On: May 7, 2024, Case #: 1:23cv11131, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, labor / Unions
J. Sammartino partially grants CoreCivic's motion to stay in a case accusing it of violating California's labor laws with respect to detainees' voluntary work and coercing detainees to perform uncompensated work in violation of both state and federal law. The limited stay only applies to dispositive motions regarding state law claims potentially subject to the constitutional defense at issue in a case pending before the 9th Circuit. However, discovery related to the state law claims will not be stayed, as this case has already been going on for nearly seven years.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 6, 2024, Case #: 3:17cv1112, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, labor
J. Peterson declines to dismiss the former employee's complaint alleging that the healthcare company eliminated her position and knowingly fired her for using the grievance procedures of her union's collective bargaining agreement with the healthcare company. The healthcare company argues that dismissal is appropriate because a federal court must interpret the CBA, but the CBA is based on state law and thus does not require interpretation in this court. This action is remanded to the Clark County District Court.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: May 3, 2024, Case #: 3:24cv5138, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, labor / Unions
J. Shea grants the employer's motion to compel arbitration, ruling the contract at issue in this case is between two business entities and, therefore, is not covered by any exemption to the Federal Arbitration Act, including the exemption involving workers engaged in interstate commerce, such as the delivery drivers who brought the suit. Additionally, the fee-shifting provision of the arbitration clause does not render it unconscionable because the drivers have not shown arbitration costs would be prohibitive, while the bold and large type on the contract negates any argument the agreement was deceptive.
Court: USDC Connecticut, Judge: Shea, Filed On: May 2, 2024, Case #: 3:23cv1695, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, labor
J. Cogan dismisses an unpaid wages complaint against a company who had settled similar claims in a prior class action. The litigant, one of four class members in the class action, sought to challenge the settlement, claiming it was unfair and did not adequately represent his interests, but the court disagrees, finding he had ample opportunity to either raise objections or opt out of the settlement after notices were sent out to potential members.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: May 1, 2024, Case #: 1:23cv5165, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, labor
J. Holmes finds that the lower court properly denied a request to preliminarily enjoin a new rule from the Department of Labor that requires federal contractors to pay their employees a $15 minimum wage. The groups challenging the new rule have not shown they are likely to prevail on the merits of their claims, given that the rule was issued with proper authority and was not an arbitrary move from the Department of Labor. Affirmed.
Court: 10th Circuit, Judge: Holmes, Filed On: April 30, 2024, Case #: 22-1023, Categories: labor, Injunction
J. Pepper grants the insurance company's motion to intervene, bifurcate and stay in a lawsuit against the mechanical contractor from an employee claiming she was not paid any overtime wages. As the contractor's commercial insurer, the insurance company will be allowed to intervene in the lawsuit and bifurcate its issues of coverage from the merits of the case. Because it properly balances potential prejudices against the company and the employee, proceedings in the lawsuit are stayed until the insurance coverage issues are resolved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:24cv38, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Insurance, labor
J. Ellis grants a worker’s motion to dismiss a supplemental affidavit in this class action over a home lending company’s alleged violations of the federal Worker Adjustment and Retraining Notification Act and Illinois Wage and Payment Collection Act. However, the court also dismisses the case for lack of jurisdiction. The members of the class claimed the company fired all of them with no warning and without providing backpay for accrued personal time.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: April 29, 2024, Case #: 1:23cv1839, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, Class Action, labor
J. Walton partially grants the employer's motion to dismiss the employee's suit alleging nonpayment of wages, failures to pay correct overtime rates for overtime hours and employee misclassification. The employee's misclassification claims under the McNamara-O'Hara Service Contract Act fail because the Act does not create a private right of action for such claims, but her claims independent of that Act survive.
Court: USDC District of Columbia, Judge: Walton, Filed On: April 26, 2024, Case #: 1:22cv3094, NOS: Fair Labor Standards Act - Labor, Categories: Employment, labor
J. McKeown grants the National Labor Relations Board’s application for enforcement of its order directing Starbucks in Seattle to cease and desist from failing and refusing to recognize and bargain with a union. The Board held that by refusing to recognize and bargain with the union, Starbucks engaged in unfair labor practices. Starbucks refused to recognize and bargain with the union, claiming that the regional director should have ordered an in-person election instead of a mail-in vote. The Board correctly applied its own law in determining that the regional director appropriately exercised its discretion to hold a mail-ballot election. The certification of the union’s representative was proper, and the Board correctly found that Starbucks committed a violation by refusing to bargain.
Court: 9th Circuit, Judge: McKeown, Filed On: April 24, 2024, Case #: 22-1969, Categories: Employment, labor / Unions
Per curiam, the appellate division finds that that lower court properly denied the man's petition to be deemed a member of the NYC Employees' Retirement System based on his work for 54 days in 1997 as a provisional assistant engineer. The man never applied for membership in the pension system, and cannot not seek retroactive membership. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02198, Categories: Pensions, labor / Unions
J. Pechman grants the petition of Julie Su, Acting Secretary of Labor of U.S. Department of Labor, to enforce an administrative subpoena seeking information about the amounts paid to various Amazon officers, managers and supervisors in 2021 to 2022 to go to Staten Island, New York to convince Amazon employees not to unionize. The information about the names and job positions are relevant to the investigation, because that will help determine if these individuals acted outside their normal job duties or if they acted in their individual capacities.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 24, 2024, Case #: 2:24cv270, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, labor / Unions
J. Randolph finds the lower court improperly found for a union on its claim the Federal Labor Relations Authority's decision to vacate certain arbitration awards in a government pay scale-related dispute was ultra vires. The lower court lacked jurisdiction and, upon remand, must dismiss the complaint. Vacated.
Court: DC Circuit, Judge: Randolph, Filed On: April 23, 2024, Case #: 22-5308, Categories: Jurisdiction, labor / Unions
J. Oliver grants, in part, the insurer's motion to dismiss, ruling the union's fiduciary duty claims fail. The alleged increased rates charged by the insurer were determined by the parties' contractual agreements and involved no discretion on the part of the insurer.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 22, 2024, Case #: 3:22cv1541, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, labor / Unions
J. Welch finds that the lower court properly held that a union unfairly charged a member for legal representation in a labor dispute because the fee policy deprived the member of access to the administrative grievance process. Affirmed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: April 22, 2024, Case #: 162601, Categories: labor / Unions