449 results for 'nos:"Fair Labor Standards Act - 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. Campbell enters a default judgment against a transitional home staffing service in the amount of $90,000 for unpaid wages and overtime. The staffing service failed to respond to an employee's allegations that it misclassified her as an independent contractor and failed to pay her for overtime when she worked 16 hours a day, 7 days a week as a sober home manager.
Court: USDC Arizona, Judge: Campbell, Filed On: April 23, 2024, Case #: 2:23cv1882, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
J. Wicks denies a contractor’s motion to reopen discovery and further grants in part the Department of Labor’s motion for a protective order in this lawsuit seeking an order preventing the contractor from impeding the government’s investigation into alleged labor law violations. The courts concludes that reopening discovery to obtain a notice provided by the Department of Labor bestowing certain benefits to its employees if they act as confidential witnesses, which the defense claims creates a credibility issue, would deter potential witnesses from participating in the case and prejudice the case against the department.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:21cv5697, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Labor
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J. Seybert grants a construction worker’s motion for reconsideration, but again finds he lacks standing to bring claims for wage statement and notice violations against his employer under the Wage Theft Prevention Act. The court subsequently enters default judgment in his favor on his unpaid regular and overtime wages claims and awards him $17,217 in unpaid wages, plus that amount in liquidated damages, as well as pre- and post-judgment interest.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: April 16, 2024, Case #: 2:21cv4959, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Kennelly partially grants account executive employees’ motion for sanctions against their employer, a logistics firm. The employees accused the firm of wrongly denying them overtime pay, and in subsequent proceedings a magistrate judge found the firm had violated its discovery obligations. This court affirms some of the objections the firm had raised to the magistrate judge’s sanction recommendations, but overrules others. The court also orders the firm to pay the employees almost $88,000 in attorney fees.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 15, 2024, Case #: 1:16cv7331, NOS: Fair Labor Standards Act - Labor, Categories: Sanctions, Attorney Fees, Class Action
J. Talwani denies a real estate services company’s motion to transfer a class action brought against it by former employees to the Eastern District of Michigan, or to dismiss the claims of any members of the class not from Michigan. The forum selection clause of the company’s severance agreement only applies to claims related to the severance agreement, not to state laws regarding proper overtime pay.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 12, 2024, Case #: 1:23cv11639, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Workers' Compensation, Labor
J. McGlynn rules a former Walmart employee may pursue race discrimination against the superstore. The employee sufficiently alleged that she was terminated because she is Black, due to her supervisor's racist views, and not for disciplinary issues.
Court: USDC Southern District of Illinois, Judge: McGlynn, Filed On: April 11, 2024, Case #: 3:23cv1926, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Employment, Employment Discrimination
J. North grants a request by two employees who prevailed in an overtime-pay suit against their employer at a residential heating, air conditioning, and ventilation installer, awarding them $23,000 in attorney fees and costs. The requested $37,000 in fees and costs is reduced, in part, by a reduction in hourly rates.
Court: USDC Eastern District of Louisiana , Judge: North, Filed On: April 10, 2024, Case #: 2:22cv3953, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees, Labor
J. Currault awards sanctions of $9,000 in attorney fees and costs to three health care companies and against a collective suit of patient-care employees alleging violations of federal labor laws, including overtime and mealtime. Although the health care companies sought $18,000 for the employees’ alleged violations of discovery rules, that was reduced due to the use of “block billing,” which made ‘“it impossible for the court to determine the reasonableness of the hours spent on each task’.”
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 4, 2024, Case #: 2:20cv1515, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Discovery, Attorney Fees
J. Waldor rules partially in favor of the supermarket, which allegedly failed to pay the employees overtime. The employees have plausibly challenged the accuracy of payroll records showing they were not properly compensated, and there is conflicting evidence supporting the company's request to establish a method of computing the overtime rates.
Court: USDC New Jersey, Judge: Waldor , Filed On: April 3, 2024, Case #: 2:18cv10486, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Upadhyaya grants the employee's petition for attorneys' fees and costs in the amount of $10,421.68, finding that the requested amount is reasonable, sufficiently supported and timely.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: March 31, 2024, Case #: 1:22cv1816, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Labor
J. Hall rules in favor of a Brooklyn nightclub and dismisses a bartender’s labor law complaint alleging claims for unpaid wages, unlawful deductions, wage statement and notice violations and retaliation. The complaint fails to provide any documentation showing the nightclub earned more than $500,000 in annual revenue, therefore it is not a covered employer under Fair Labor Standards Act.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:20cv2842, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Tiscione grants summary judgment to an octogenarian and his son, who were sued by the woman they paid to take care of the elder man at his home for four years. She says they failed to pay her overtime, but the court finds she was covered by the companionship services exception to the Fair Labor Standards Act, which applies to jobs that primarily involve light housework for older or infirm clients.
Court: USDC Eastern District of New York, Judge: Tiscione, Filed On: March 28, 2024, Case #: 2:21cv550, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Johnson grants the employee's motion for liquidated damages and partly grants his motion for attorney fees after a jury verdict in his favor on a claim under the Fair Labor Standards Act. Because the employers' actions were willful, the employee is awarded $9,894 in liquidated damages. Also, after a reduction in the lodestar amount, he is awarded $19,805 in attorney fees.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: March 28, 2024, Case #: 4:19cv626, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Labor
J. Pepper partially grants the employee's motion for partial summary judgment in her class action claiming the memory care facility violated the Fair Labor Standards Act and Wisconsin wage law by failing to pay employees for time spent undergoing Covid-19 screenings and making unlawful pay deductions for meal breaks. The employee's motion is granted with relation to the Covid-19 screenings, and it is found as a matter of law that the time spent doing the screenings was "indispensable and integral" to the work of the employee and others in her position. The employee's motion for reconsideration regarding the opt-in time period in the notice of suit sent to class members is granted, and her motion to reopen discovery is partially granted so more discovery can take place regarding class members.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 28, 2024, Case #: 2:21cv358, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor