Wage Theft Cases

The trial court ordered the Appellant to pay its employee for the full twelve hours of a work shift excused due to the employee's jury service. For the reasons stated herein, we vacate the trial court's judgment and order that the case be dismissed.

Unemployment compensation just cause to quit failure to pay as promised. UCRC's decision finding no just cause to quit and disallowing employee's unemployment compensation benefits was against the manifest weight of the evidence. Hearing officer's decision improperly found that employee's failure to quit "immediately" and failure to notify anyone other than his immediate supervisor of workplace issues did not amount to just cause to quit. Furthermore, hearing officer improperly concluded that the employer's failure to address the employee's concerns was reasonable just cause to quit, under unemployment compensation law, focuses on the conduct of the employee, not the employer.

C.A.R. 21.1— Certified Questions of State Law—Colorado Wage Claim Act—Statute of Limitations—Statutory Construction. The Supreme Court accepted jurisdiction under C.A.R. 21.1 to answer a certified question of law from the U.S. District Court for the District of Colorado regarding how far back in time a terminated employee's unpaid wage claims can reach under the Colorado Wage Claim Act, CRS §§ 8-4-101 to -123. The Court held that, under the plain language of CRS § 8-4-109, a terminated employee may seek any wages or compensation that were unpaid at the time of termination however, the right to seek such wages or compensation is subject to the statute of limitations found in CRS § 8-4-122. That statute of limitations begins to run when the wages or compensation first become due and payable and thus limits a terminated employee to claims for the two years (three for willful violations) immediately preceding termination.

Employment termination

Mandamus-Public employment-R.C. 3319.081-Writ sought to compel school district to recognize custodian as "regular nonteaching school employee" with continuing-contract status-Writ denied.

Stay versus dismissal of action pending arbitration R.C. 2711.02(B) class arbitration contract interpretation Garmon preemption gateway issues for judiciary National Labor Relations Act

REPORTED OPINION granting in part, as to former PCC employees who separated from employment prior to September 23, 1996 and denying in part, as to former PCC employees who separated from employment on or after September 23, 1996, Motion to Dismiss - Rule 12(b)(1) and (6). The parties are directed to file a joint status report, on or before 8/31/2017, proposing a schedule to govern this case going forward as to the claims of former employees who separated from PCC employment on or after September 23, 1996.. Signed by Judge Patricia E. Campbell-Smith.

Trial court abused its discretion in denying motion for default on claim for breach of independent contractor agreement where plaintiff's complaint stated facts going to each element of his claim and defendant LLC failed to answer through licensed attorney. Default judgment was properly denied as to defamation claim because plaintiff's claim relied on self-republication doctrine which has not been adopted in Ohio.