Where current and former employees suing Macado’s restaurants satisfied their relatively relaxed burden to show the putative class is “similarly situated,” the class was conditionally certified and notice must be provided to the putative class members. Background Plaintiffs, who are ...

Tagged with: Judge Norman K. Moon Labor U.S. District Court - Western District

Although the defendant never opposed the Secretary of Labor’s motion for default judgment, the district court denied it because the motion rested on “illogical and improbable” damages calculations. Background On March 23, 2018, plaintiff alleged violations of the Fair Labor ...

Tagged with: Judge Liam O'Grady Labor U.S. District Court - Eastern District

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Labor

An employer that is a party to a collective bargaining agreement, and a separate company found to be its alter ago, are liable for unpaid contributions to benefit plans and other damages, including interest, liquidated damages, and attorney’s fees. Background ...

Tagged with: Judge Leonie Brinkema Labor U.S. District Court - Eastern District

Where the wife of a deceased mine worker sought to review an audit of the company’s pension plan to challenge its prior benefits decisions, the district court’s ruling denying her access is reversed and she can use the audit for ...

Tagged with: 4th U.S. Circuit Court of Appeals Labor Per Curiam Opinion

A multiemployer pension fund can pursue an alleged delinquent exit contribution from a former participating employer after the court held the complaint plausibly alleged this contribution was required by the plan documents. Background The Board of Trustees of the Sheet ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Labor

A claim for breach of a collective bargaining agreement, or CBA, failed as a matter of law because the CBA had expired. And, because the CBA had expired, and thus there could be no claim for failure to provide fair ...

Tagged with: Judge T.S. Ellis III Labor U.S. District Court - Eastern District

As the home healthcare aides were employees, not independent contractors, their employer violated the Fair Labor Standards Act by not paying them overtime. Moreover, because the employer was ignorant of the relevant rules, it was liable for additional liquidated damages, ...

Tagged with: Judge Leonie Brinkema Labor U.S. District Court - Eastern District

As the home healthcare aides were employees, not independent contractors, their employer violated the Fair Labor Standards Act by not paying them overtime. Moreover, because the employer was ignorant of the relevant rules, it was liable for additional liquidated damages, ...

Tagged with: Judge Leonie Brinkema Labor U.S. District Court - Eastern District

The plaintiff alleged her employer failed to pay her overtime. Although the defendant then tendered an amount it believed would fully compensate the plaintiff for the unpaid overtime, the court held this tender did not moot the case because the ...

Tagged with: Judge Mark Davis Labor U.S. District Court - Eastern District