Justia Labor & Employment Law Opinion Summaries

Plaintiffs filed suit against their employer, AT&T; their union, CWA; and CWA's local affiliate, Local 3702 under section 301 of the Labor Management Relations Act, 29 U.S.C. 185. Plaintiffs and AT&T settled, and the district court granted CWA and Local 3702's motion for summary judgment. The court held that a hybrid section 301 suit can not properly be used to challenge union conduct that, though obstructive, did not contribute to the employees’ failure to exhaust their contractual remedies for the employer’s conduct. The court held that a section 301 claim requires an allegation that the union’s breach of its duty of fair representation played some role in the employee’s failure to exhaust his contractual remedies. In this case, plaintiffs do not allege that the Union’s conduct prevented them from grieving their terminations under the collective bargaining agreement. And because plaintiffs did not file a grievance with the Union, the Union did not know that plaintiffs were terminated until after the contractual period for filing a grievance had passed. The court held that there must be some causal nexus between a union’s breach of its duty of fair representation and an employee’s failure to exhaust contractual remedies. Accordingly, the court affirmed the judgment. View "Groves v. Communication Workers of America" on Justia Law

Plaintiff filed suit after her termination against her former employers for disability discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. 12112(a), and for other violations of state and federal law. The jury found in favor of plaintiff on certain state law claims and in favor of the employers on all other claims. The court concluded that the district court correctly applied a but-for causation standard to plaintiff's ADA claim; the court rejected plaintiff's claim that the district court erred in instructing the jury where the "prevents or significantly restricts" standard is too demanding under the ADA Amendments Act, Pub. L. No 110-325, section 5; even if the court assumes that the district court’s instruction was erroneous and that the error was plain, plaintiff has not shown that it affected her substantial rights; and the court rejected plaintiff's contention that the district court erred in instructing the jury on the “regarded as” prong of the definition of disability because she failed to show how she was prejudiced. Therefore, the court found no abuse of discretion and no serious prejudice to plaintiff that warrants vacating the verdict on her disability discrimination claims. Further, the court rejected plaintiff's challenge to the district court’s instruction on “record of” disability where she did not object to the instruction and on appeal did not explain how the omitted language applies to her case. Finally, the court rejected plaintiff's challenges to the damages the jury awarded on her state law claim. Accordingly, the court affirmed the judgment. View "Gentry v. East West Partners Club" on Justia Law

In an action asserting denial of overtime pay under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and the New York labor law (NYLL), N.Y. Lab. Law 650 et seq.; N.Y. Comp. Codes R. & Regs. tit. 12, 142–2.2, GEICO appealed the district court's grant of judgment against them and plaintiffs cross-appealed several rulings related to the remedy awarded. The court agreed with plaintiffs' argument that, in the absence of an award of liquidated damages, the district court abused its discretion in declining to award prejudgment interest on the basis that GEICO acted in good faith in treating its Investigators as exempt. Accordingly, the court reversed the district court’s decision denying prejudgment interest under the FLSA and NYLL and remanded so that the district court may award prejudgment interest. The court otherwise affirmed the judgment. View "Calderon v. GEICO General Ins. Co." on Justia Law

Plaintiff, a Field Medical Case Manager, filed suit against her employer, Genex, claiming that Genex was required to pay her overtime under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, and the Maryland Wage and Hour Law (MWHL), Md. Code Lab. & Empl. 3–401 to 3-431, for the overtime hours she worked. On appeal, plaintiff challenged the district court's grant of summary judgment to Genex. The court concluded that plaintiff failed to come forward with any persuasive evidence that Genex violated the FLSA by classifying her primary duty as professional and, therefore, plaintiff is exempt from the mandatory overtime provisions of the FLSA. Accordingly, the court affirmed the judgment. View "Williams v. GENEX Services, LLC" on Justia Law

Plaintiff filed suit against her former employer, Prime, under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and the North Carolina Wage and Hour Act, N.C. Gen. Stat. 95-25.1 et seq. Plaintiff alleged that she was unlawfully deprived of wages earned as commissions and overtime pay earned from work of more than 40 hours per week. The court affirmed the district court’s order denying Prime's motion to compel arbitration, concluding that Prime failed to produce evidence demonstrating that plaintiff agreed to arbitrate any of her claims. The court dismissed Prime's appeal from the class action certification order, concluding that its petition for permission to appeal the district court’s order was untimely filed. View "Lorenzo v. Prime Communications, L.P." on Justia Law