In this Fair Labor Standards Act case, Plaintiffs–Appellees Shannon Owens Ferrell and Micah Pack claim that they were not properly compensated for the overtime hours they worked at Marstek, L.L.C., and SKCMK, L.L.C., both doing business as “Condom Sense.” The district court granted summary

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be publi... More...   $0 (12-05-2013 - TX)

Thomas Blanchar (“Blanchar”) brought suit against Standard Insurance Company (“The Standard”) to recover overtime pursuant to the Fair Labor Standards Act (“FLSA”). 29 U.S.C. § 201 et seq. The Standard moved for summary judgment, arguing that Blanchar qualified as a bona fide administrative employee, and so was exempt from the FLSA’s overtime requirement. The district court

2... More...   $0 (12-02-2013 - IN)

We are asked to decide claims of Mexican temporary farmworkers under the Fair Labor Standards Act and relevant state law.

I

A

Peri & Sons is a Nevada corporation that produces, harvests, and packages onions.1 The plaintiffs are Victor Rivera Rivera and twenty-three other Mexican citizens (“the farmworkers”) admitted to the United States to cultivate, harvest, and process o... More...   $0 (11-14-2013 - NV)

Console supervisors at a refinery alleged that their employer, CITGO Refining and Chemicals Company, L.P. (“CITGO”), misclassified them as exempt from the overtime pay requirements of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201–219. In two separate discovery sanctions, the district court dismissed twenty-one of twenty-four plaintiffs.1 After granting CITGO’s motion to exc... More...   $0 (11-12-2013 - TX)

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. Because the entry
20 of judgment did not restart the time to appeal, we DISMISS the ap... More...   $0 (11-06-2013 - NY)

Ryan DeKeyser, Thomas Cooper, Harley Granius, and Carlos Lantz sued their employer, Thyssenkrupp Waupaca, Inc. (“Waupaca”), an iron casting manufacturer, alleging that Waupaca violated the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq., by not paying them overtime compensation for time they spent showering and changing clothes at Waupaca’s foundries. They represent a... More...   $0 (10-30-2013 - WI)

In this sex discrimination and equal pay action filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and Section 216(b) of the Equal Pay Act of 1963, 29 U.S.C. § 206(d), Appellants appeal the district court’s grant of Family Dollar Stores, Inc.’s (“Family Dollar”) motion to dismiss and/or strike class claims under Federal Rules of Civil Procedure 12(c), 12(f), ... More...   $0 (10-16-2013 - NC)

Appellant, Raymond Michael Lee, sued his former employer, the Harris County Hospital District (“the District”), for discrimination, retaliation, and aiding and abetting discrimination under the Texas Commission on Human Rights Act (“TCHRA”). The trial court dismissed his discrimination and aiding and abetting

2

claims on the District’s motion for summary judgment, and a jur... More...   $0 (10-15-2013 - TX)

We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act (“FTCA”) may be equitably tolled. We hold
that § 2401(b) is not “jurisdictional,” and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FTCA conta... More...   $0 (10-09-2013 - OR)

Plaintiffs Elizabeth Manning, Lisa Rivers, Rhonda Williams, and Reva McCarthy bring this wage-and-hour action against defendants Boston Medical Center Corporation ("BMC"), Elaine Ullian, and James Canavan. Current and former BMC employees, plaintiffs allege that defendants deprived them of their wages through the use of timekeeping policies and employment practices that required them to work thro... More...   $0 (08-01-2013 - MA)

This case requires us to determine whether the Religious Freedom Restoration Act and the Free Exercise Clause protect the plaintiffs—two companies and their owners who run their businesses to reflect their religious values. The companies are Hobby Lobby, a craft store chain, and Mardel, a Christian bookstore chain. Their owners, the Greens, run both companies as closely held family businesses an... More...   $0 (06-27-2013 - OK)

Lockheed Martin Corp. (“Lockheed”) seeks to set aside a decision of the Administrative Review Board of the Department of Labor (the “ARB” or the “Board”) concluding Lockheed violated Section 806 of the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley” or the “Act”). See 18 U.S.C. § 1514A(a). The Board affirmed the decision of an administrative law judge (“ALJ”), who concluded L... More...   $0 (06-04-2013 - CO)

Brunna Martins appeals the trial court’s order of final summary judgment in favor of her former employer, MRG of South Florida, Inc., on her complaint for violations of the Fair Labor Standards Act (“FLSA”). She claims that many material issues of fact remain as to whether she was paid less than the minimum hourly wage because of various practices of MRG. We agree that material issues remain... More...   $0 (05-08-2013 - FL)

In this appeal, we consider the enforceability of an arbitration clause included in a franchise agreement between the plaintiff, Samuel Muriithi, and the defendant, Shuttle Express, Inc. The district court refused to compel arbitration based on three provisions in the franchise agreement that the court found were unconscionable: (1) a class action waiver; (2) a requirement that the parties "split"... More...   $0 (04-01-2013 - MD)

Before us are appeals in two closely related collective actions for overtime pay under the Fair Labor Standards Act; for simplicity we’ll pretend that they are just one suit and that there is just one appeal. The original named defendants were JT Packard & Associates, the plaintiffs’ employer, and Packard’s parent, S.R. Bray Corp. We don’t know why the parent was made a defendant. It was n... More...   $0 (03-26-2013 - WI)

Billy Wadsworth sued Wedge Measurement Systems, Inc. on wrongful termination and retaliation theories claiming:

1. That Defendant is a foreign limited liability company, as registered with the
Okiahoma Secretary of State’s office, and located in Tulsa County, Oklahoma.

2. That Plaintiff is an individual and former employee of Defendant and was employed with Defendant the la... More...   $1 (03-23-2013 - OK)

This is an appeal from a judgment awarding unpaid wages and liquidated damages under the Fair Labor Standards Act (“FLSA”). Appellees challenge the judgment itself, as well as the district court’s denial of their post-trial motions under Federal Rules of Civil Procedure 50(b) and 59(e). For the reasons that follow, we affirm.

I. BACKGROUND

Mario Feliciano and Augustin Milan... More...   $0 (03-07-2013 - FL)

2 Plaintiffs, a respiratory therapist and two nurses,
3 allege that the Catholic Health System of Long Island Inc.,
4 a collection of hospitals, healthcare providers, and related
5 entities (collectively, “CHS”), failed to compensate them
6 adequately for time worked during meal breaks, before and
7 after scheduled shifts, and during required training
8 sessions. They s... More...   $0 (03-01-2013 - NU)

Jenna Wood sued her former employer SatCom Marketing, LLC ("SatCom") alleging violations of the Minnesota Whistleblower Act, Minnesota Human Rights Act, common law of wrongful termination, and Fair Labor Standards Act. Finding Wood had failed to establish a prima facie case of retaliation under each statute and the common law, the district court1 granted summary judgment in favor of SatCom. We aff... More...   $0 (02-13-2013 - MN)

Petitioner Adelina Tapia Guerrero was employed to provide in-home support services (IHSS) to eligible recipients in Sonoma County (County) under the In-Home Support Services Act. (Welf. & Inst. Code, § 12300 et seq.1) She was never paid for any of the services she rendered to program recipient Alejandra Buenrostro from November 4, 2008 through January 29, 2009, despite a comprehensive scheme of f... More...   $0 (02-11-2013 - CA)

[¶1] Jamie Fuhrmann appeals from the entry of a summary judgment in favor of Staples the Office Superstore East, Inc., by the Superior Court (York County, Fritzsche, J.) and the court’s dismissal of her claims against four individual supervisors, Christian Steppe, John LeMieux, Matthew Auger, and Annette Rodick, for whistleblower discrimination pursuant to the Whistleblowers’ Protection Act (... More...   $0 (01-20-2013 - ME)

Bristol Care, Inc., (“Bristol Care”) appeals the denial of its motion to compel arbitration in a suit initiated by its former employee Sharon Owen asserting claims under the Fair Labor Standards Act (“FLSA”) and seeking class action certification on behalf of other similarly situated current and former employees. Bristol Care contends that the district court incorrectly held that the Manda... More...   $0 (01-08-2013 - MO)

Plaintiff-Appellant Frank Brown filed this action against his former employer Defendant-Appellee ScriptPro, LLC, alleging violations of the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and Title VII of the Civil Rights Act of 1964 based on his termination in November 2008. The district court granted summary judgment in favor of ScriptPro, and Mr. Brown appeals. See Brown v... More...   $0 (11-27-2012 - KS)

Plaintiff Margaret White appeals the district court rulings that granted summary judgment for Defendant Baptist Memorial Health Care Corp. (Baptist) and decertified her class action against Baptist. She argues the district court incorrectly held that Baptist’s policy for compensating hourly employees for missed meal breaks was lawful under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201,... More...   $0 (11-06-2012 - TN)

These appeals, heard in tandem, challenge awards of summary judgment entered in the United States District Court for the Southern District of New York (Laura Taylor Swain, Judge), in favor of defendant Starbucks Corporation on plaintiffs’ complaints that Starbucks violates New York Labor Law § 196-d in the distribution of tip pools maintained at stores in New York State. In each store, Starbuck... More...   $0 (10-24-2012 - NY)