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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 71 Civ. 2877
Regular Panel Decision

Equal Employment Opportunity Commission v. Local 638 ... Local 28 of the Sheet Metal Workers' International Ass'n

This opinion addresses backpay claims in an employment discrimination case spanning over two decades. The Equal Employment Opportunity Commission (EEOC) represents black and Hispanic workers against Local 28 of the Sheet Metal Workers’ International Association and its Joint Apprenticeship Committee, alleging discriminatory admission practices. The court denied defendants' motions to dismiss the backpay claims, rejecting arguments regarding settlement, prosecutorial delay, inadequate discovery, and notice-of-claim deadlines. It also found defendants failed to prove claimants were unqualified or failed to mitigate damages by joining the armed forces or attending school. Furthermore, the court clarified prejudgment interest rates to be applied and affirmed the administrator's decision regarding claimant Charles Moss, directing further proceedings on defendants' financial capacity and revised backpay calculations.

Employment DiscriminationBackpay ClaimsTitle VIICivil Rights ActLabor Union DiscriminationApprenticeship ProgramsRacial DiscriminationHispanic DiscriminationMitigation of DamagesPrejudgment Interest
References
32
Case No. MISSING
Regular Panel Decision

New York State Electric & Gas Corp. v. System Council U-7 of the International Brotherhood of Electrical Workers

Plaintiff filed a complaint to vacate an arbitration award and enjoin its enforcement, citing 29 U.S.C. § 185. Defendant counterclaimed, asserting Plaintiff violated their collective bargaining agreement by refusing to comply with the arbitration award concerning the termination of employee Stephen Brzezinski. Brzezinski was fired for repeatedly expressing a desire to harm managerial staff. The arbitrator ordered his reinstatement without backpay, contingent on a psychological evaluation, but Plaintiff refused. The Court granted Defendant's motion for summary judgment in part, denying Plaintiff's cross-motion, finding the award did not violate public policy. The Court also denied Defendant's motion for attorneys' fees and ordered the arbitrator to clarify the backpay commencement date.

Arbitration AwardCollective Bargaining AgreementSummary JudgmentWorkplace ViolencePublic Policy ExceptionLabor DisputeEmployee TerminationReinstatementPsychological EvaluationFederal Courts
References
16
Case No. MISSING
Regular Panel Decision

Danna v. New York Telephone Co.

In this memorandum opinion, the court addresses Plaintiff Fran Danna's application for backpay, equitable relief in the form of reinstatement, and prejudgment interest. A previous ruling dated November 17, 1990, found defendant New York Telephone liable for sex discrimination and sexual harassment in its demotion of Danna. The court awarded Danna $58,499.00 in backpay and $18,472.00 in prejudgment interest, for a total of $76,971.00, and ordered her reinstatement as a Service Technician. Damages were calculated based on the average salary of all Service Technicians, including those in Repair and Installation, considering Danna's history of seeking overtime. However, the court denied Danna's request for an additional 'historical multiplier' to further adjust her damages.

Sex DiscriminationSexual HarassmentTitle VIIBackpay AwardReinstatementPrejudgment InterestDamages CalculationOvertime CompensationService TechnicianHostile Work Environment
References
9
Case No. MISSING
Regular Panel Decision

Rodriguez v. Pie of Port Jefferson Corp.

Plaintiffs Oscar Rodriguez and Alexis Torres filed an action against The Pie of Port Jefferson Corporation and Kristen Pace seeking unpaid overtime wages under the FLSA and New York Labor Law. They appealed a Magistrate Judge's order compelling them to respond to interrogatories regarding their immigration status. The District Court, reviewing the order for clear error or being contrary to law, noted that courts generally find immigration status irrelevant in FLSA cases due to the potential for intimidation and a chilling effect on plaintiffs. The court distinguished the Palma decision, which limited backpay for undocumented workers under the NLRA, by affirming that undocumented workers are still protected by the FLSA and can seek backpay. Consequently, the District Court reversed the Magistrate Judge's order, finding it contrary to law.

FLSAovertime wagesundocumented workersimmigration statusdiscovery disputeMagistrate Judge appeallegal precedentchilling effectemployee rightsNew York Labor Law
References
18
Case No. MISSING
Regular Panel Decision
Mar 22, 1977

Falcon v. General Telephone Co.

Mariano S. Falcon, a Mexican-American, filed a class-action lawsuit against General Telephone on April 3, 1975, alleging discrimination in hiring and promotion. The court found that Falcon himself was discriminated against in promotions but not in hiring. For the class, General Telephone discriminated in hiring but not in promotions. The relief granted includes awards for backpay, overtime pay, loss of job security, and six percent interest. The court denied monetary relief for shift differential pay, potential promotions, and "individual initiative" as too speculative. Damages were granted up to the end of "phase I" of the trial, and attorney fees were awarded to the plaintiffs.

Employment DiscriminationTitle VIIClass ActionRacial DiscriminationMexican-AmericanBackpayPromotionsHiring PracticesBurden of ProofAttorney Fees
References
3
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Shelby County Government

The Equal Employment Opportunity Commission (EEOC) filed a lawsuit against J.A. Blackwell, Shelby County, and the Shelby County Board of Commissioners, alleging violations of the Equal Pay Act on behalf of fourteen female employees. The court found that female employees performing substantially equal work to male counterparts received lower wages. Defendants failed to prove that wage disparities were based on seniority, merit, quality/quantity of work, or any factor other than sex. The court concluded that sex was a 'but for' cause of the disparity, ruled the violation was willful, and awarded backpay and prospective wage increases to the claimants.

Equal Pay ActWage DiscriminationGender DiscriminationEmployment DiscriminationFair Labor Standards ActWillful ViolationBackpayLiquidated DamagesSubjective Pay SystemCivil Rights
References
15
Case No. MISSING
Regular Panel Decision

Brown v. World Airways, Inc.

The plaintiff in this action alleged wrongful discharge from World Airways on June 19, 1981, due to union organizing efforts, in violation of the Railway Labor Act. The defendant moved to strike demands for damages beyond backpay, including emotional distress, injury to reputation, and punitive damages. The court found the defendant's cited precedents distinguishable and emphasized the strong public policy for comprehensive tort damages in cases where an employee lacks union representation. Such damages would deter illegal employer conduct that impedes unionization and facilitate collective bargaining. Therefore, the court denied the defendant's motion to strike the plaintiff's damage demands.

Railway Labor Actwrongful dischargeunion organizingpunitive damagesemotional distressbackpaylabor disputesemployer misconductcollective bargainingmotion to strike
References
4
Case No. MISSING
Regular Panel Decision
Jun 11, 1986

Lowery v. WMC-TV

Myron Lewis Lowery, Jr., a black television personality, sued his employer, WMC-TV, alleging racial discrimination in promotion, employment terms, pay, and retaliation. The Court found WMC-TV denied Lowery promotion to weekday news anchor based on race, applied a more stringent standard, and discriminated by denying a written contract and paying him less than similarly situated white employees. Additionally, WMC-TV retaliated by taking him off-air after he filed the lawsuit. The Court concluded that WMC-TV's stated reasons were pretextual, evidencing intentional racial discrimination. Lowery was awarded backpay, compensatory damages for emotional distress, and punitive damages.

Racial DiscriminationEmployment DiscriminationPromotion DenialWage DiscriminationRetaliationCivil Rights Act of 1964Section 1981Subjective Employment CriteriaPretextual ReasonsContinuing Violation Doctrine
References
27
Case No. MISSING
Regular Panel Decision

Akin v. Anjon of Greenlawn, Inc.

Plaintiff Mehmet Akin sued Anjon of Greenlawn, Inc., Anton Parisi, and John Parisi, alleging violations of the Fair Labor Standards Act (FLSA) and New York State Labor Law (NYLL) for unpaid overtime and retaliation. Defendants moved for summary judgment, arguing that an undocumented alien is precluded from FLSA claims based on the Second Circuit's Palma decision. The court distinguished Palma, which concerned backpay for work not performed under the NLRA, from FLSA claims for compensation for work already completed. It aligned with other courts in concluding that immigration status does not bar undocumented aliens from seeking unpaid wages under the FLSA or NYLL. Consequently, the Defendants' motion for summary judgment was denied.

FLSANYLLUndocumented AlienUnpaid WagesOvertime PayRetaliationSummary JudgmentSecond CircuitNational Labor Relations ActImmigration Reform and Control Act
References
13
Case No. MISSING
Regular Panel Decision

Croushorn v. Board of Trustees of Univ. of Tenn.

Plaintiff James M. Croushorn, an assistant professor, brought two consolidated actions against the University of Tennessee and state officials. He alleged retaliatory discharge under Title VII for his complaints of reverse racial discrimination and infringement of his First Amendment rights due to derogatory material placed in his personnel file after he criticized a state commissioner. The court found that the University retaliated against Croushorn for his Title VII protected activity, awarding backpay and expungement of records. It also ruled that defendant Ben P. Granger violated Croushorn's First Amendment rights by documenting and placing his criticisms in personnel files, awarding nominal damages and injunctive relief for expungement. Claims under 42 U.S.C. §§ 1985 and 1986 were dismissed.

Employment LawRetaliationDiscriminationCivil Rights Act of 1964Freedom of SpeechPublic Employee SpeechUniversity AdministrationHuman ResourcesPersonnel RecordsInjunctive Relief
References
86
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