Wage Theft Cases

District court judgment affirming a Workforce Safety and Insurance order denying workplace injury benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Motion to compel arbitration contract contractual capacity ratification R.C. 2711.02. The trial court did not err in granting appellees' motion to stay proceedings and compel arbitration. The record reflects that a valid and enforceable arbitration agreement existed because it had been ratified by appellant's guardian.

REPORTED MEMORANDUM OPINION AND ORDER granting Government's Motion for Partial Summary Judgment on Appropriations Caps denying [46] Plaintiffs' Motion for Partial Summary Judgment on Appropriations Caps and denying as moot [42] Government's Motion for Partial Summary Judgment on Appropriations Caps. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Modification of child support obligation abuse of discretion gross income overtime earnings social security wages plain error downward deviation. Trial court did not abuse its discretion in including all of father's overtime earnings in gross income when calculating parents' child support obligations where father offered no testimony or other evidence explaining what portion of his earnings constituted overtime. Trial court did not commit plain error in using the amounts listed as social security wages on the parties' W-2 forms in calculating the parties' child support obligations. Trial court did not abuse its discretion in awarding mother a downward deviation for transportation costs associated with her exercise of her parenting time. Trial court did not place an unequal value on mother's volunteer services and did not abuse its discretion in failing to order mother to pay additional child support based on father's contributions toward the children's school fees and expenses.

FLSA, Class Certification- Plaintiffs sought conditional certification of an FLSA class pursuant to 29 USC 216(b) based on a clock-in and clock-out rounding policy. The magistrate found that potential plaintiffs were identified and submitted affidavits. However, the magistrate found evidence of a widespread discriminatory practice lacking because defendant did not uniformly enforce the clock-in and clock-out rounding policy and, therefore, that plaintiffs could not prove a violation as to all plaintiffs. Thus, the magistrate recommended denial of conditional class certification.

Summary judgment race discrimination promissory estoppel overtime hours discovery motions. Trial court erred by granting summary judgment to defendant-employer regarding employee's race discrimination claim, because there are genuine issues of material fact. Summary judgment was properly granted to employer regarding employee's promissory estoppel and violation of Minimum Fair Wage Standards Act claims. Court did not abuse its discretion in denying plaintiff's motion to compel discovery.

The litigants, a municipality and a union, are parties to a collective bargaining agreement (CBA) which, among other things, governs union members' overtime compensation. The parties, as required by the CBA, submitted an overtime dispute to binding arbitration with the arbitrator ruling in the union's favor. The trial court vacated the arbitration award finding that the arbitrator, by ignoring unambiguous contractual language, exceeded his authority. The arbitrator's decision is consistent with a reasonable, appropriate interpretation of the contested contractual language thus, the arbitrator did not exceed his authority. Judgment reversed and remanded.