FLSA Law
 
Brank Brown v. Scriptpro, LLC

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

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Margaret White v. Baptist Memorial Health Care

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,

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Jeana Barenboim v. Starbucks Corporation

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

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Tryco Enterprises, Inc. v. James A. Robinson

This is an action brought by appellee, James A. Robinson, to enforce the judgment entered in his favor in Robinson v. Texas Workforce Commission and Tryco Enterprises, Inc., No. 2000-32376, in the 113th District Court of Harris County, Texas (“the FLSA suit”). Appellants, Tryco Enterprises, Inc. (“Tryco”), Sharon C. Dixon, James Dixon, Crown Staffing, Inc. (“Crown Staffing”), and Troy

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Oscar Bell v. H.F. Cox, Inc.

Oscar Bell and other truck drivers filed a class action complaint against H.F. Cox, Inc. (Cox), alleging wage and hour violations.1 The trial court summarily adjudicated three counts in favor of Cox, a jury found in favor of Cox on another count and the trial court found that plaintiffs were exempt from federal overtime compensation requirements. Plaintiffs appeal the judgment challenging the orde

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Kevin Turnley v. Town of Vernon

¶ 1. BURGESS, J. Plaintiff Kevin Turnley appeals the Windham Civil Division’s grant of summary judgment in favor of defendant Town of Vernon. Plaintiff, formerly the Town’s Chief of Police, claims that he is entitled to receive overtime pay under the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a)(1), which entitles nonexempt employees to overtime pay for time work

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Victor Zavala v. Wal Mart Stores, Inc.

This suit was brought in the U.S. District Court for the District of New Jersey by Wal-Mart cleaning crew members who are seeking compensation for unpaid overtime and certification of a collective action under the Fair Labor Standards Act (FLSA), civil damages under RICO, and damages for false imprisonment. The workers – illegal immigrants who took jobs with contractors and subcontractors Wal-Ma

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Edward Donnelly v. Greenburgh Central School District No. 7

Plaintiff-appellant Edward Donnelly, a high school teacher, sued defendantsappellees – the Greenburgh Central School District No. 7, his former employer, and three of his supervisors there (collectively “the District,” unless otherwise noted) – in the United States District Court for the Southern District of New York (Lewis A. Kaplan, Judge). Donnelly alleged inter alia that the District d

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Linda Velez v. Betsy Sanchez

26 This is an appeal from the district court’s grant of summary judgment against the plaintiff
27 and its prior grant of a motion to dismiss one count of the amended complaint. Plaintiff-
28 Appellant Linda Velez (“Velez”) brought this action against Betsy Sanchez (“Sanchez”),
29 Sanchez’s sister Shari Munoz, and Sanchez’s and Shari’s mother Yolanda Munoz under the

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John T. Martin v. Spring Break '83 Productions, LLC

Appellants John T. Martin (“J. T. Martin”), Johnathon R. Martin (“J. R. Martin”), Bradley D. Keyes (“Keyes”), and Marty Boger (“Boger”) appeal the district court’s grant of summary judgment on their Fair Labor Standards Act (“FLSA”) claims in favor of Appellees Spring Break ‘83 Louisiana, L.L.C. (“Spring Break Louisiana”), Mars Callahan (“Callahan”), George Bours (

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Luis Ramos v. Baldor Specialty Foods, Inc.

Plaintiffs-appellants Luis Ramos, Herber Martinez, Leobardo Moreno, Wilner Dubon, Sergio Calderon, Jose Barranco, Oswaldo Erazo, and Mariano Castro (“plaintiffs”), proceeding individually and on behalf of other “similarly situated” employees working the night shift in a warehouse operated by defendants-appellees 1 Like the FLSA, the NYLL “mandates overtime pay and applies the same exempt

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Gary Lederman v. Frontier Fire Protection, Inc.

Gary Lederman sued his former employer, Frontier Fire Protection, Inc., to recover overtime pay he alleged was owed to him under the Fair Labor Standards Act (FLSA). A jury found Frontier liable and awarded Lederman $17,440.86 in damages. Frontier challenges the jury instructions issued by the district court. Because we find the district court should not have instructed the jury that Frontier bore

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Martha Hoover v. American Income Life Insurance Company

Martha Hoover, plaintiff and respondent, worked as a sales agent for about four months for American Income Life Insurance Company (AIL), defendant and appellant. AIL appeals from an order denying its petition to compel arbitration of Hoover‟s civil action based on various Labor Code statutes. (Code Civ. Proc., § 1294, subd. (a).)

The underlying issue, which we do not resolve in this appe

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Susan Schaefer-LaRose v. Eli Lilly & Company

These two cases, which we have consolidated for opinion, involve the application of the outside sales and administrative exemptions of the Fair Labor Standards Act (“FLSA” or the “Act”), 29 U.S.C. §§ 201-19, to pharmaceutical sales representatives employed by Eli Lilly & Co. (“Lilly”) and Abbott Laboratories, Inc. (“Abbott”). The plaintiffs in each case claim that, during their t

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Oliver W. Arlington v. Miller's Trucking, Inc.

¶1 Oliver Arlington (Arlington) appeals from the Memorandum and Order on Petition for Leave to Present Additional Evidence and Petition for Judicial Review (Order), entered by the Third Judicial District Court of Granite County, Montana. The Order denied Arlington’s petition to present additional evidence and affirmed the dismissal by the Montana Department of Labor and Industry (Department) of

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Patricia Cavallaro v. UMass Memorial Healthcare, Inc.

This appeal embraces two of the many private lawsuits brought against healthcare providers throughout the country by a single law firm. These two suits, like others of the same pattern, allege that various hospital employees who work for the particular hospital or hospital group have been deprived of compensation for work performed during their meal break, for work performed before and after shift

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John Orton v. Johnny's Lunch Franchise, LLC

John Orton appeals from the district court’s dismissal of his claims against Johnny’s Lunch Franchise, LLC, and Anthony Calamunci for unpaid wages and expenses from August 2008 to December 2008. Orton sued under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., and various state laws. The district court granted the defendants’ motion to dismiss the FLSA claim on the gro

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Robert S. Johnson v. GDF, Inc. d/b/a Domino's Pizza

When a prevailing party is entitled to “a reasonable attorney’s fee,” see, e.g., 42 U.S.C. § 1988; 29 U.S.C. § 216(b), the district court must make that assessment, at least initially, based on a calculation of the “lodestar”—the hours reasonably expended multiplied by the reasonable hourly rate—and nothing else.

See Pickett v. Sheridan Health Care, ___ F.3d ___, No. 11-2146

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Synthia G. Ross v. RBS Citizens, N.A. d/b/a Charter One

Synthia Ross, James Kapsa, and Sharon Wells1 filed this class action against RBS Citizens, N.A. doing business as Charter One (a related entity, Citizens Financial Group, Inc. is also named but for simplicity, it need not be mentioned) for allegedly violating the Fair Labor Standards Act, 29 U.S.C. § 216(b), and the Illinois Minimum Wage Law (“IMWL”), 820 ILCS § 105/1 et seq. The central cla

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Michael Maestas v. Day & Zimmerman, LLC

Plaintiffs, officers in a private security force that protects Los Alamos National Laboratory, contend that their employer Day and Zimmerman, LLC, and SOC, LLC, (collectively “SOC”) improperly classified them as exempt employees under the Fair Labor Standards Act (“FLSA”), 28 U.S.C. § 201 et seq. Ruling on their contentions, the district court concluded that all plaintiffs were exempt exe

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Susan Kellar v. Summit Seating, Inc.

Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar’s pre-shift activities were “preliminary,” that any work Kellar performed before her shift was “de minimis,” and that S

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Susan Kellar v. Summit Seating Incorporated

Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar’s pre-shift activities were “preliminary,” that any work Kellar performed before her shift was “de minimis,” and that S

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Donald Sullivan v. Oracle Corporation

Oracle Corporation (“Oracle”), a large software company, has employed hundreds of workers to train Oracle customers in the use of its software. During the period relevant to this suit, Oracle classified these workers as teachers who were not entitled to compensation for overtime work under either federal or California law. Three nonresidents of California brought a would-be class action agains

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Kimel v. Florida Board of Regents

The Age Discrimination in Employment Act of 1967 (ADEA or Act), as amended, makes it unlawful for an employer, including a State, to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual a because of such individuals age. 29 U.S.C. 623(a)(1). Petitioners, three sets of plaintiffs, filed suit under the ADEA against respondents, their state employers.

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Christine Hines v. State Room, Inc.



Christine Hines originally brought this action in Massachusetts state court against the State Room, Inc., where she formerly was employed. In the amended complaint, which was before the district court following removal, Ms. Hines and her coplaintiffs sought unpaid overtime wages that they claimed were due under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219, and related

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