In this putative class action, plaintiff Darriest Likes1 appeals the district
court’s entry of summary judgment in favor of DHL. Mr. Likes alleges that DHL
violated the Worker Adjustment and Retraining Notification Act (“WARN Act”)
by failing to provide 60 days’ notice before Mr. Likes was laid off from his job at
DHL’s Birmingham delivery facility. After careful review, ... More...   $0 (05-29-2015 - AL)

Tulsa, OK - Kevin Hanlin sued Cavalry Portfolio Services and Patrick Lopez on employment law theories claiming:

1. This is an action against Plaintiff’s employer and fonner supervisor for retaliatory bonus deprivation and harassment due to Plaintiff engaging in protected investigation and reporting per Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act (FLSA), Title 40 ... More...   $0 (05-15-2015 - OK)

Piere, SD - The United States Attorney’s Office (USAO) and the United States Department of Labor (DOL) recently secured a consent judgment of over $8,000.00 and a permanent injunction in South Dakota District Court, ordering Jan Charles Gray and his businesses in Custer, South Dakota, to comply with the Fair Labor Standards Act (FLSA) and to pay back wages and overtime pay owed to former employe... More...   $0 (04-17-2015 - SD)

We consider here a question of first impression for our
circuit: Are “service advisors” who work at a car dealership
exempt from the overtime pay requirements of the Fair Labor
Standards Act (FLSA) of 1938, 29 U.S.C. §§ 201–219, under
29 U.S.C. § 213(b)(10)(A), which exempts “any salesman,
partsman, or mechanic primarily engaged in selling or
servicing automobile... More...   $0 (03-24-2015 - CA)

This case presents the question whether a defendant may moot a class action through an unaccepted Federal Rule of Civil Procedure 68 offer of complete relief to the named plaintiffs—but not to class members—before the named plaintiffs move to certify the class. In the circumstances of this case, the answer is no. We join the majority of circuits that have addressed the issue.

I. The P... More...   $0 (12-01-2014 - FL)

Current and former employees (Employees) of the Jefferson County Sheriff’s
Office (County) brought a collective action under the Fair Labor Standards Act (FLSA),
alleging they were paid overtime at a lower rate than required by the statute during 2010,
2011, and 2012. The district court granted the County’s motion to dismiss the
Employees’ Third Amended Complaint and the Empl... More...   $0 (11-13-2014 - CO)

Plaintiff-Appellant Greg Landers (Landers) appeals from
an order dismissing his complaint against Defendants-
Appellees Quality Communications, Inc. (Quality), Brady E.
Wells, and Robert J. Huber. Landers’ complaint alleged
violations of the Fair Labor Standards Act (FLSA).
Specifically, Landers alleged that Quality failed to pay
Landers and other similarly situated emplo... More...   $0 (11-12-2014 - NV)

Appellants Crystal Litz and
Amanda Payne ("plaintiffs") claim unpaid overtime wages for their
work as project managers for The Saint Consulting Group, Inc.
("Saint Consulting"). The district court concluded that plaintiffs
were "highly compensated employees" and thus exempt from the
overtime pay protections of the Fair Labor Standards Act ("FLSA").
29 U.S.C. § 213(a)(1); 2... More...   $0 (11-04-2014 - MA)

Tilly’s Inc. and World of Jeans & Tops, Inc. (hereafter collectively referred to in the singular as Employer) appeal from the trial court’s order denying its motion to compel arbitration of Maria Rebolledo’s putative class action regarding statutory wage claims. We agree with the trial court’s conclusion the parties’ arbitration agreement expressly excluded statutory wage claims from the... More...   $0 (08-06-2014 - CA)

This appeals presents a challenge to General Atomics' employment practice of requiring exempt employees to use their annual leave hours when they are absent from
2
work for portions of a day. Although Conley v. Pacific Gas & Electric Co. (2005) 131 Cal.App.4th 260, 263 (Conley) established that California law does not prohibit an employer "from following the established federal policy perm... More...   $0 (07-21-2014 - CA)

The district court granted Defendants–Appellees’ motion for summary judgment, finding that they did not violate the overtime wage requirements of the Fair Labor Standards Act (“FLSA”) by using a Monday through Sunday workweek to calculate overtime compensation. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs–Appellants Kevin Johnson (“Johnson”) and Brad Smith (“S... More...   $0 (07-14-2014 - TX)

Leonard Avila, a police officer, periodically worked
through his lunch break but did not claim overtime.
According to his commanding officer, Avila was a model
officer. The Los Angeles Police Department (LAPD),
however, deemed Avila insubordinate for not claiming
overtime and fired him.
AVILA V. LAPD 5
Not coincidentally, that termination occurred only after
Avila h... More...   $0 (07-10-2014 - CA)

In this case, we again address whether the Federal Arbitration Act (FAA) preempts a state law rule that restricts enforcement of terms in arbitration agreements. Here, an employee seeks to bring a class action lawsuit on behalf of himself and similarly situated employees for his employer‘s alleged failure to compensate its employees for, among other things, overtime and meal and rest periods. Th... More...   $0 (06-23-2014 - CA)

Plaintiff Jayquan Brown appeals from a judgment entered on December 13, 2012, in the United States District Court for the Southern District of New York (Paul A. Crotty, Judge), in favor of defendants the New York City Department of Education (‚DOE‛) and DOE principal Joshua Laub. The district court awarded DOE summary judgment on Brown’s federal claim for relief under the Fair Labor Standard... More...   $0 (06-18-2014 - NY)

We encounter here an exceedingly rare beast: a wage and hour class action that proceeded through trial to verdict. Loan officers for U.S. Bank National Association (USB) sued for unpaid overtime, claiming they had been misclassified as exempt employees under the outside salesperson exemption. (Lab. Code, § 1171.) This exemption applies to employees who spend more than 50 percent of the workday en... More...   $0 (05-29-2014 - CA)

¶1 On February 25, 2013, Chester Rouse filed a wrongful termination suit against the Grand River Dam Authority (GRDA) and Daniel S. Sullivan. The petition alleged GRDA and Mr. Sullivan terminated Mr. Rouse on February 17, 2012, in retaliation for filing an overtime complaint under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 through § 219. Retaliation for filing such a complaint is forb... More...   $0 (05-20-2014 - OK)

Plaintiff Henry Jong appeals from a summary judgment entered against him in his action for unpaid overtime for alleged “off-the-clock” work as an hourly “Outpatient Pharmacy Manager” (OPM) for Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (collectively, Kaiser). He contends the trial court erroneously held his proffered evidence insufficient to create a triable issue ... More...   $0 (05-20-2014 - CA)

Charles Davis has been employed as a custodian with Unified School District No. 500 (“USD 500”) since 1991. In 2007, the school board considered a recommendation to terminate his employment when he was found lying naked on his stomach, sunbathing on the roof of the elementary school where he worked. Instead, the Board decided upon a suspension without pay for thirty days and demoted him from h... More...   $0 (05-05-2014 - KS)

Plaintiff and appellant Gregory Saffer worked for Washington Mutual Bank (WaMu) between May 2007 and January 2008. In September 2008, WaMu failed. In short order, the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver for the bank, and JP Morgan Chase Bank, N.A. (JPMC) purchased some of WaMu’s assets and liabilities. The FDIC published notices informing creditors that claims ... More...   $0 (04-29-2014 - CA)

Appellant El Paisano Northwest Highway, Inc. asserts seven issues in its appeal of a no-answer default judgment entered in favor of appellee Irma Arzate. In its first issue, El Paisano complains the trial court erred by granting Arzate’s motion for default judgment; in its remaining issues, it contends the trial court erred by denying its motion for new trial. The background of the case and the ... More...   $0 (04-14-2014 - TX)

Because of an exemption written into the Fair Labor Standards Act (“FLSA”), Los Angeles City employees “engaged in fire protection” (i.e. firefighters) do not receive standard overtime pay—time and a half for all hours worked over forty in one workweek. Instead, firefighters receive overtime only after working 212 hours in a twenty-eight-day period.

Plaintiff fire department dispa... More...   $0 (03-18-2014 - CA)

Numerous former employees and some current employees of House of Raeford Farms, Inc., d/b/a Columbia Farms, Inc., (“Columbia Farms”), a chicken processor in Greenville, South Carolina, commenced three separate actions against Columbia Farms, asserting two types of claims: first, for the payment of unpaid wages, withheld in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 20... More...   $0 (03-12-2014 - SC)

In the final days of his employment at K-Five Construction, Diego Gaines questioned the roadworthiness of two different trucks that he was assigned to drive. Management took steps to address Gaines’s concerns,

* Of the Central District of Illinois, sitting by designation.

2 No. 12-2249

but the trucks never reached the level of safety sought by Gaines. On his last Friday, he ... More...   $0 (01-03-2014 - IL)

Appellee Flight Services fired Appellant Joseph Travers as he pursued a lawsuit against the company under the Fair Labor Standards Act ("FLSA"). Flight Services says it terminated Travers for violating company policy. Travers says he was fired in retaliation for his FLSA lawsuit. Because a reasonable jury could return a verdict for Travers without relying on improbable inferences or unsupported s... More...   $0 (12-12-2013 - MA)

16 AC Roosevelt Food Corporation and Antonio Collado appeal from an
17 August 13, 2012 order of the United States District Court for the Eastern District
18 of New York (John Gleeson, Judge), as memorialized in a January 7, 2013
19 judgment, granting Miguel Perez’s motion for attorneys’ fees. We hold that (1) a
20 final order solely on the issue of attorneys’ fees is appealab... More...   $0 (12-10-2013 - NY)