The Secretary of Labor1 has filed a complaint against the State of Washington, Department of Social and Health Services (“DSHSâ€�), alleging that DSHS has failed to pay overtime compensation to certain social workers in violation of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq. (“FLSAâ€�). The district court granted summary judgment in favor of DSHS, concluding th... More...   $0 (09-09-2011 - WA)

A.S.A.P. Fire & Safety Corporation and its owners Joseph Sheedy and Brian Cote (collectively "A.S.A.P."), appeal from a district court judgment. Fryer v. A.S.A.P. Fire & Safety Corp., No. 1:09-CV-10178 (D. Mass. Jan. 25, 2010) (Final Judgment). The district court awarded damages against A.S.A.P. for violating the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4311 et seq... More...   $0 (09-09-2011 - MA)

Laura Symczyk sought relief under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 207 and 216(b), on behalf of herself and all others similarly situated. The District Court for the Eastern District of Pennsylvania dismissed Symczyk‟s complaint for lack of subject matter jurisdiction after defendants Genesis HealthCare Corporation and ElderCare Resources Corporation extended an offer of judgm... More...   $0 (08-31-2011 - PA)

Judy Chou Chiung-Yu Wang (“Wangâ€�) appeals the district court’s dismissal of her claims against her former employer, Prudential Life Insurance Company and affiliated entities (collectively, “Prudentialâ€�), and several Prudential employees. On appeal, Wang argues that the district court erred by: (1) failing to convert the defendants’ motion to dismiss into a motion for summary judgment; ... More...   $0 (08-29-2011 - TX)

Plaintiff Matthew Zelasko-Barrett, a former law clerk at the law firm of defendant Brayton-Purcell, LLP, appeals from an adverse summary judgment on his claim for failure to pay him overtime wages and provide other benefits allegedly required by California law. He alleges that the law firm incorrectly classified him as employed in a professional capacity, exempting the firm from the obligation to ... More...   $0 (08-17-2011 - CA)

Lisa Hicks worked for Chance Felling and his hotel management company, Avery Drei, LLC, as a security guard and then as a desk clerk during the construction and operation of a new hotel in the Indianapolis area. After being terminated from her job as a desk clerk, Hicks sued Felling and Avery Drei (the “Defendantsâ€�) seeking unpaid wages, overtime pay, and accrued vacation pay. The district cou... More...   $0 (08-17-2011 - IN)

Natalie Dellinger commenced this action under the Fair Labor Standards Act of 1938 ("FLSA") against Science Applications International Corporation which, she alleges, retaliated against her, in violation of the FLSA’s antiretaliation provision, 29 U.S.C. § 215(a)(3), by refusing to hire her after learning that she had sued her former employer under the FLSA.

The district court granted Sc... More...   $0 (08-12-2011 - VA)

We must decide, inter alia, whether a rejected offer of judgment for the full amount of a putative class representative’s individual claim moots a class action complaint where the offer precedes the filing of a motion for class certification.

We hold that it does not.

I

In April 2009, Gareth Pitts filed a class action complaint in Nevada state court against his employer, Ter... More...   $0 (08-09-2011 - NV)

After oral argument on appellant’s motion for rehearing, the opinion of October 6, 2010, is vacated and the following is substituted in its place: The plaintiff Alvarado was employed as a maintenance person in a commercial office building operated by the appellee, Bayshore Grove Management, LLC. After he was discharged allegedly for excessive tardiness and absenteeism, he brought this two count ... More...   $0 (08-03-2011 - FL)

In this matter, we must decide whether an employer, who denies liability for nonpayment for overtime work, must pay attorney’s fees and costs pursuant to 29 U.S.C. § 216(b) of the Fair Labor Standards Act (“FLSAâ€�) if he tenders the full amount claimed by an employee where the trial court grants the employer’s motion to dismiss the employee’s complaint on mootness grounds. We conclude th... More...   $0 (07-28-2011 - FL)

In August 2003, iStar Financial, Inc. (“iStar�) fired Kenneth Thomas. A year and a half later, Thomas sued iStar and one of his supervisors there, Ed Baron, (collectively “defendants�) for various violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and parallel provisions of the New York City Human Rights Law (“NYCHRL�), N.Y.C. Admin.

Code § 8-1... More...   $0 (07-22-2011 - NY)

In this case we are asked to decide whether donning and doffing poultry processing workers’ personal protective equipment is “changing clothesâ€� under 29 U.S.C. § 203(o) and whether a turkey processing plant is a food and beverage industry employer under 7 Colo. Code Regs. § 1103-1:2. Plaintiffs/appellants Clara Salazar and Juanita Ybarra (together, plaintiffs) brought claims on behalf of ... More...   $0 (07-05-2011 - CO)

Bobby Johnson, Jr. claims that his former employer, Hix Wrecker Service, did not pay him overtime wages in violation of the Fair Labor Standards Act (“FLSAâ€�). The district court granted summary judgment in favor of Hix Wrecker, finding that Johnson was not entitled to overtime pay because he was subject to the motor carrier exemption to the FLSA. However, Hix Wrecker did not meet its burden of... More...   $0 (07-01-2011 - )

Bobby Johnson, Jr. claims that his former employer, Hix Wrecker Service, did not pay him overtime wages in violation of the Fair Labor Standards Act (“FLSAâ€�). The district court granted summary judgment in favor of Hix Wrecker, finding that Johnson was not entitled to overtime pay because he was subject to the motor carrier exemption to the FLSA. However, Hix Wrecker did not meet its burden of... More...   $0 (07-01-2011 - IN)

WDL Technologies, Inc. (WDL), through the actions of its board of directors, Mr. Alan Lange, Sr., Mr. Alan Lange, Jr., and Mr. Terrance Crane (collectively “Defendantsâ€�), invalidated Ms. Margaret C. Hayes’s shares of stock in the company. Ms. Hayes petitioned for, inter alia, a declaration that her shares were valid. The circuit court ruled that Ms. Hayes’s shares were valid, but only if s... More...   $0 (06-30-2011 - MO)

This appeal follows the jury conviction of defendant Herman Ransom and the district court’s denial of Mr. Ransom’s motion for judgment of acquittal and/or new trial or arrest of judgment. The government accused Mr. Ransom of falsifying his timesheets and thus wrongly obtaining money from his government employer. Mr. Ransom was convicted of ten counts of wire fraud in violation of 18 U.S.C. § ... More...   $0 (06-24-2011 - KS)

Defendants Family Centered Services of Alaska (“FCSAâ€�) and its officers filed this interlocutory appeal challenging the district court’s conclusion that FCSA’s Therapeutic Family Homes (“Homesâ€�) are covered by the Fair Labor Standards Act (“FLSAâ€�) and are subject to its overtime provisions. We conclude that the Homes are not covered by that statute because they are not an “instit... More...   $0 (06-23-2011 - AK)

Cary R. Wollenweber appeals the trial court’s ruling granting summary judgment in favor of Hawkins Enterprises, Inc. d/b/a The Mattress Superstore (“Hawkins Enterprises�) and Scott Hawkins (together, the “Defendants�). Wollenweber raises seven issues, which we consolidate and restate as follows:

I. Whether the trial court erred in denying Wollenweber’s motion for partial summary... More...   $0 (06-17-2011 - IN)

The Millville Dallas Airmotive Plant Job Loss Notification Act, N.J.S.A. 34:21-1 to -7 (the New Jersey WARN Act or the Act), generally provides that under certain conditions employees are entitled to notice, or alternatively, severance pay, in the event of a transfer or termination of operations, or a mass layoff by an employer. This appeal requires us to consider the novel question of whether the... More...   $0 (06-14-2011 - NJ)

Luisa Perez, an employee of Mountaire Farms, Inc. and Mountaire Farms of Delaware, Inc. (collectively, Mountaire), filed this action on behalf of herself and similarly-situated employees (collectively, the employees) to recover wages and liquidated damages under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201, et seq., for time spent donning and doffing protective gear during the w... More...   $0 (06-14-2011 - )

Firefighter Michael Specht of the City of Sioux Falls's Fire Rescue Department (SFFR) and 15 other SFFR firefighters filed suit against the City of Sioux Falls ("the City"), seeking overtime compensation under the Fair Labor Standards Act (FLSA) for work performed at the request of the State of South Dakota ("the State") to help fight wildfires in western South Dakota and Nebraska. The district co... More...   $0 (05-11-2011 - SD)

Plaintiff-Appellant Greg Kuebel appeals from a judgment of the United States District 12 Court for the Western District of New York (Telesca, J.) granting summary judgment for 13 Defendant-Appellee Black & Decker (U.S.) Inc. (“B&Dâ€�). Kuebel sues on behalf of himself and 14 other similarly situated current and former B&D employees, asserting three sets of claims under 15 the Fair Labor Standard... More...   $0 (05-05-2011 - NY)

Acting on a tip from a concerned citizen, the Wage and Hour Division of the U.S. Department of Labor commenced an investigation into potential child labor violations committed by Laurelbrook Sanitarium and School, Inc. (“Laurelbrookâ€�). After concluding that Laurelbrook had violated the child labor provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (“FLSAâ€� or “Actâ... More...   $0 (04-28-2011 - TN)

Applebee's International, Inc. (Applebee's) brings this interlocutory appeal from the district court's1 denial of summary judgment in this employment wage dispute. Gerald A. Fast, Talisha Cheshire, and Brady Gehrling represent a class of 5,543 individuals (collectively "the employees") who are current and former servers and bartenders at Applebee's restaurants. They brought suit under the Fair Lab... More...   $0 (04-21-2011 - MO)

In these appeals, we consider whether certain on-site housing costs of seasonal farm workers can be credited toward the minimum wage set by Oregon statute. Under the circumstances presented by this case, we conclude that they may not. We also conclude that the workers in this case were entitled to be paid on the last workday, rather than the following day. 4988 BOBADILLA-GERMAN v. BEAR CREEK
<... More...   $0 (04-18-2011 - OR)