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Case Citations (March 2016 through August 2016) [i] (2016)

handle is hein.ali/aliemploy0033 and id is 1 raw text is: EMPLOYMENT LAW CHAPTER 3. EMPLOYMENT CONTRACTS: COMPENSATION AND BENEFITS § 3.01. Right to Earned Compensation D.N.M.2015. Rptrs' Note quot. in sup. (quoting Rptrs' Note to § 3.01 of Prop. Final Draft, 2014, which is now Rptrs' Note to § 3.01 of the Official Text). Current and former county employees brought an action against employers, seeking class certification and alleging that defendants violated state wage- and-hour laws by not paying wages for time worked between when plaintiffs' shift ended and when other employees came to relieve them, and for time completing clerical assignments after their shifts were over. This court denied plaintiffs' motion for class certification, holding that plaintiffs' state wage- and-hour-law claim did not support a class action. Citing Restatement of Employment Law § 3.01, the court explained that the payments sought were not wages covered by the law, because the law required timely payment of only undisputed wages, and there was no private cause of action, under state law, for overtime wages against public employers. Bustillos v. Board of County Com'rs of Hidalgo County, 310 F.R.D. 631, 674. CHAPTER 4. PRINCIPLES OF EMPLOYER LIABILITY FOR TORTIOUS HARM TO EMPLOYEES Generally Mass.App.2015. Ch. 4 cit. generally in sup. Temporary employee brought an action against company for which he was providing services while on assignment from a staffing agency, seeking damages for injuries he received on the job, despite the fact that he had recovered workers' compensation benefits from the staffing agency. The trial court entered judgment for defendant. This court affirmed, holding that defendant was immune from the lawsuit based on the exclusivity provisions of Massachusetts' Workers' Compensation Act. Citing Chapter 4 of the Restatement of Employment Law, the court noted that, in Massachusetts, the Act provided the exclusive remedy for claims brought by an injured employee against his employer, but left open the possibility of bringing tort claims against other entities. The court determined that, in this case, the staffing agency's workers' compensation policy named defendant as an additional insured, which precluded plaintiffs recovery. Molina v. State Garden, Inc., 88 Mass.App.Ct. 173, 178, 37 N.E.3d 39, 44. § 4.03. Employer's Liability to Employees for Acts of Employees or Agents D.Neb.2015. Com. (g) cit. and quot. in ftn.; Rptrs' Note to com. (f) cit. and quot. in sup. (citing Prop. Final Draft, 2014). Truck driver brought an action, under a theory of vicarious liability, against grandparent corporation of driver's employer, alleging that defendant was liable for the sexual harassment, assault, and battery she suffered by her supervisor. This court granted in part defendant's - l J For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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