Although plaintiff Brenda Urnikis-Negro prevailed in her suit for overtime pay, she contends on appeal that the district court improperly calculated the amount of pay she is owed. After a bench trial, the district court found that defendants American Family Property Services and its owners and officers, Todd and Nichole Lash, violated the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §Â... More...   $0 (08-04-2010 - IL)

Shirley Edwards filed suit against her employer, A.H. Cornell and Son, Inc. (“A.H. Cornellâ€�), and supervisors, Scott A. Cornell and Melissa J. Closterman, claiming that she was terminated in violation of Section 510 of the Employee Retirement Income Security Act of 1974 (“ERISAâ€�) and state common law after complaining to management about alleged ERISA violations. The defendants filed a Rul... More...   $0 (07-01-2010 - PA)

Plaintiffs, seasonal agricultural workers, brought this action under Labor Code section 11941 and other theories to recover unpaid minimum wages. Plaintiffs contend the Industrial Welfare Commission‘s (IWC) wage order No. 14-2001, entitled ―Order Regulating Wages, Hours, and Working Conditions in the Agricultural Occupations‖ (Cal. Code Regs., tit. 8, § 11140), commonly known as Wage Order ... More...   $0 (05-20-2010 - CA)

Ruth’s Hospitality Group, the parent company of Ruth’s Chris Steak House, is proud of its origins. The company boasts that forty-five years after its founder, Ruth Fertel, mortgaged her home to purchase her first restaurant, it has grown into a chain of more than 120 steakhouse restaurants in seven countries. Though it has become an international operation, the company insists that “our succ... More...   $0 (04-09-2010 - AL)

This case under the Fair Labor Standards Act ("FLSA") raises an issue about whether a city or town must give notice to its public safety officers as a matter of federal law before the municipality takes advantage of a special statutory exemption for these officers from usual overtime requirements, 29 U.S.C. § 207(k). We hold no such notice is required.

Plaintiffs are police off... More...   $0 (03-23-2010 - MA)

The plaintiff, Tammy Schmidt, brought this action for monetary relief under the Fair Labor Standards Act (“FLSAâ€�), alleging that she was not paid overtime due under the Act. The defendant, Eagle Waste and Recycling, Inc. (“Eagleâ€�), moved for summary judgment, arguing that Schmidt was exempt from the act because she was either an “outside salespersonâ€� or a combination of an “outside s... More...   $0 (03-22-2010 - WI)

The plaintiff, Tammy Schmidt, brought this action for monetary relief under the Fair Labor Standards Act (“FLSAâ€�), alleging that she was not paid overtime due under the Act. The defendant, Eagle Waste and Recycling, Inc. (“Eagleâ€�), moved for summary judgment, arguing that Schmidt was exempt from the act because she was either an “outside salespersonâ€� or a combination of an “outside s... More...   $0 (03-22-2010 - WI)

Mike Rutti sought to bring a class action on behalf of all technicians employed by Lojack, Inc. (“Lojackâ€�) to install alarms in customers’ cars. He sought compensation for the time they spent commuting to worksites in Lojack’s vehicles and for time spent on preliminary and postliminary2 activities 2Although not in the dictionary, this word is used in the critical statute, 29 U.S.C. § 254(... More...   $0 (03-02-2010 - CA)

We must decide whether a restaurant violates the Fair Labor Standards Act, when, despite paying a cash wage greater than the minimum wage, it requires its wait staff to participate in a “tip pool� that redistributes some of their tips to the kitchen staff.

I Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon, which is owned and operated by Woody Woo, Inc., Woody W... More...   $0 (02-24-2010 - or)

Paul Turner worked as a waiter for The Saloon, Ltd. (“The Saloonâ€�), a Chicago steakhouse, and claims he was the victim of several forms of employment discrimination. Turner had a months-long sexual relationship with his supervisor and claims that when he ended it, she persistently sexually harassed him. He also claims The Saloon discriminated against him on the basis of a disability; he suffer... More...   $0 (02-08-2010 - PA)

Plaintiff Lynore Reiseck (“plaintiffâ€� or “Reiseckâ€�) appeals from a March 27, 2009 judgment of the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge) awarding summary judgment to defendants Universal Communications of Miami (“Universalâ€�), Blue Horizon Media, Douglas Gollan, Carl Ruderman, Geoffrey Lurie, and David Bernstein (together “defendan... More...   $0 (01-11-2010 - NY)

This matter is before this court on interlocutory appeal pursuant to the provisions of Illinois Supreme Court Rule 308 (155 Ill. 2d R. 308) to consider a question certified by the trial court. Defendant Giordano’s Enterprises, Inc., which owns and operates several restaurants in the Chicago area, has a policy of automatically deducting $0.25 per hour from its hourly employees’ wages to cover t... More...   $0 (12-23-2009 - IL)

Plaintiffs Dava Dalvit and Debra Benjamin sued United Air Lines, Inc. (UAL) asserting discrimination and retaliation claims under a variety of federal and state statutes. The district court granted summary judgment in favor of UAL on all of their claims. Plaintiffs now appeal the grant of summary judgment on their discrimination and retaliation claims under Title VII of the Civil Rights Act of 196... More...   $0 (12-21-2009 - co)

This appeal requires us to decide whether underwriters tasked with approving loans, in accordance with detailed guidelines provided by their employer, are administrative employees exempt from the overtime requirements of the Fair Labor Standards Act. Andrew Whalen was employed by J.P. Morgan Chase (“Chaseâ€�) for four years as an underwriter. As an underwriter, Whalen evaluated whether to issue ... More...   $0 (11-20-2009 - NY)

17 The overtime requirements of the Fair Labor Standards
18 Act (“FLSA� or “the Act�) are subject to an exemption for
19 persons “employed in a bona fide . . . professional
20 capacity,� 29 U.S.C. § 213(a)(1), which is defined by
21 regulation as work in “a field of science or learning
22 customarily acquired by a prolonged course of specialized
23 intellectu... More...   $0 (11-12-2009 - NY)

Plaintiff Ron Compton appeals the district court’s entry of summary judgment in favor of his former employer, Rent-A-Center, Inc. (“RACâ€�), on his claim that he was not paid overtime wages. Our jurisdiction arises from 28 U.S.C. § 1291, and we affirm. Although Mr. Compton now argues that his original complaint included a state-law claim for breach of contract, we determine that the complaint... More...   $0 (10-20-2009 - OK)

The court has adopted a construction of the Fair Labor Standard Act’s anti-retaliation provision that is unique among the circuits. On the one hand, the court understands the statute’s “filed any complaintâ€� language to cover intra-company complaints about unfair labor practices, but on the other it concludes that oral complaints fall outside the reach of the statute. Kasten v. Saint-Gobain... More...   $0 (10-16-2009 - WI)

Romeo Balen, individually and on behalf of those similarly situated, appeals the district court’s order granting Holland America Line Inc.’s (“HALâ€�) motion to compel arbitration. Balen contends that his claims cannot be resolved through arbitration, because (1) United States law does not permit the arbitration of claims brought under the Seamen’s Wage Act, 46 U.S.C. § 10313 (“Wage Act... More...   $0 (10-02-2009 - WA)

This appeal is taken from an order denying a motion by appellant Life Time Fitness, Inc. (Life Time) for summary judgment dismissing a certified class claim asserted by respondent Sarah Erdman under the Minnesota Fair Labor Standards Act (MFLSA). The district court concluded that a bonus plan allowing payroll deductions for bonus amounts advanced but not earned precluded Life Time from claiming ex... More...   $0 (08-25-2009 - MN)

Mike Rutti sought to bring a class action on behalf of all technicians employed by Lojack, Inc. (“Lojackâ€�) to install alarms in customers’ cars. He sought compensation for the time they spent commuting to worksites in Lojack’s vehicles and for time spent on preliminary and postliminary1 activities performed at their homes. The district court granted Lojack summary judgment, holding that Ru... More...   $0 (08-21-2009 - CA)

These appeals involve two related cases in which former employees of two McDonald's franchises allege that their employer refused to pay the employees the wages that they were due, in violation of the Fair Labor Standards Act (“FLSAâ€�), 29 U.S.C. § 216(b); the corresponding Ohio statute; and other Ohio law. For the reasons that follow, in the Dellarussiani appeal, we affirm the district courtâ... More...   $0 (08-05-2009 - OH)

Seven police officers and other unnamed plaintiffs (“Plaintiffsâ€�) currently or formerly employed by the Woodbury County Sheriff’s Department (the “Sheriff’s Departmentâ€�) filed suit against Woodbury County (the “Countyâ€�) for its alleged failure to pay overtime compensation in violation of the Fair Labor Standards Act (“FLSAâ€�), 29 U.S.C. §§ 201–19. A jury returned a verdict i... More...   $0 (06-04-2009 - IA)

Plaintiff sued Defendant on a wage and hour theory claiming that Defendant wrongfully failed to pay overtime wages to them in violation of the Fair Labor Standards Act (FLSA).

Defendant claimed that Plaintiffs were not entitled to overtime under FLSA.... More...   $3742 (05-14-2009 - OK)

¶1 Robert Howell and Pete Hodap bring separate appeals related to a civil suit alleging multiple constitutional and tort violations arising out of the execution of a search warrant. Patti Howell and Randy Johnson submit cross-appeals. For the following reasons and those set forth in the simultaneously filed memorandum decision,1 we affirm in part and reverse in part.

I.

¶2 On W... More...   $0 (05-12-2009 - AZ)

This class action appeal arises from a finding of no liability under the Illinois Minimum Wage Law (820 ILCS 105/1 et seq. (West 2000)) for the defendant, Tellabs, Inc., after a bifurcated trial. Judge Billik ruled that Tellabs's policy of imposing unpaid days off following or preceding paid holidays to cope with difficult economic conditions satisfied the "salary basis test" because the days off ... More...   $0 (04-27-2009 - IL)