Wage Theft Cases

A former state employee filed suit claiming that he should have been paid for the state holiday on November 27, 2015, because he worked on October 12, 2015, the day from which the holiday was shifted pursuant to Tenn. Code Ann. § 4-4-105(a)(3). His position was terminated before the November 27, 2015 holiday occurred. The general sessions and circuit courts granted the Department of General Services Commissioner's motion to dismiss based on sovereign immunity. We reverse.

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.

Breach of Contract—Unjust Enrichment—Colorado Wage Protection Act—Civil Theft—Conversion—Economic Loss Rule—Attorney Fees. Bermel entered into a "Contractor Agreement" with BlueRadios, Inc. under which he provided engineering services to BlueRadios. He also signed a "Proprietary Information and Inventions Agreement" (PIAA). The parties later ended their relationship. Anticipating that he might end up in litigation over unpaid wages, Bermel breached the PIAA by forwarding to his personal email account thousands of BlueRadios emails and attachments, some of which contained proprietary information. Bermel sent a demand letter to BlueRadios for unpaid wages, which BlueRadios paid. Bermel thereafter filed a lawsuit against BlueRadios asserting claims for breach of contract, unjust enrichment, and violation of the Colorado Wage Protection Act (CWPA). BlueRadios filed counterclaims against him, including breach of contract civil theft, under CRS § 18-4-405 and conversion. The court granted summary judgment in favor of BlueRadios on Bermel's CWPA claim, and following trial, found Bermel liable on all of BlueRadios' counterclaims. On appeal, Bermel contended that the trial court erred when it denied his motion for summary judgment, in which he argued that the economic loss rule barred BlueRadios' claim for civil theft. Because the economic loss rule is a judicial construct and a civil theft claim is a statutory cause of action, the economic loss rule does not preclude a cause of action under the civil theft statute. Bermel also argued that the trial court erred in granting BlueRadios' motion for summary judgment on his CWPA claim, contending that the court failed to apply the CWPA's definition of "employee" when it concluded he was an independent contractor. The evidence attached to BlueRadios' motion for summary judgment did not establish that Bermel was free from control and direction under his contract or that he was customarily engaged in an independent trade, occupation

Whether employee waived claim for wages/Damages