FLSA Law
 
Steven Abel v. Southern Shuttle Services, Inc.

This is Plaintiff Steven Abel’s second appeal to this Court. Abel, a former driver of Defendant Southern Shuttle Services, Inc.’s airport shuttle vans, filed this action on behalf of himself and others similarly situated for alleged violations of the overtime pay provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 207(a)(1). In the first appeal, this Court vacated the distric

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Lynne Wang v. Chinese Daily News, Inc.

Chinese Daily News, Inc. (“CDN”), a Chinese-language newspaper, appeals the district court’s judgment in an action brought by some of its California-based employees under the federal Fair Labor Standards Act (“FLSA”) and under California law. The district court certified the FLSA claim as a collective action. It certified the state-law claims as a class action under Rule 23(b)(2) and, al

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Raymond Keith Songer v. Dillon Resources, Inc.

Plaintiffs-Appellants, truck drivers who operate commercial trucks, sued Defendants-Appellees Dillon Resources, Inc., Sunset Logistics, and Sunset Ennis in Texas state court for unpaid overtime under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a). Both sides moved for summary judgment as to whether the FLSA motor carrier exemption, 29 U.S.C. § 213(b), applies to Defendants. The district

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Jeff Spoerle v. Kraft Foods Global, Inc.

The Fair Labor Standards Act requires employers to pay workers for time spent donning and doffing “integral and indispensable” safety gear. See IBP, Inc. v. Alvarez, 546 U.S. 21 (2005); 29 U.S.C. §254. It also allows labor and management to vary this rule through collective bargaining:

Hours Worked.—In determining for the purposes of sections 206 and 207 of this title the hours for

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Brenda Urnikis-Negro v. American Family Property Services, et al.

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. §

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Shirley Edwards v. A.H. Cornell and Son, Inc.

Shirley Edwards filed suit against her employer, A.H. Cornell and Son, Inc. (“A.H. Cornell”), 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 (“ERISA”) and state common law after complaining to management about alleged ERISA violations. The defendants filed a Rul

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Miguel Martinez, et al. v. Corky N. Combs, et al.

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

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Tammy Schmidt v. Eagle Waste & Recycling, Inc.

The plaintiff, Tammy Schmidt, brought this action for monetary relief under the Fair Labor Standards Act (“FLSA”), alleging that she was not paid overtime due under the Act. The defendant, Eagle Waste and Recycling, Inc. (“Eagle”), moved for summary judgment, arguing that Schmidt was exempt from the act because she was either an “outside salesperson” or a combination of an “outside s

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Kyle Edwards v. Prime, Inc. d/b/a Ruth's Chris Steak House

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

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Tammy Schmidt v. Eagle Waste & Recycling, Inc.

The plaintiff, Tammy Schmidt, brought this action for monetary relief under the Fair Labor Standards Act (“FLSA”), alleging that she was not paid overtime due under the Act. The defendant, Eagle Waste and Recycling, Inc. (“Eagle”), moved for summary judgment, arguing that Schmidt was exempt from the act because she was either an “outside salesperson” or a combination of an “outside s

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Duarte Calvao v. Town of Framingham

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

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Mike Rutti v. Lojack Coporation, INC.,

Mike Rutti sought to bring a class action on behalf of all technicians employed by Lojack, Inc. (“Lojack”) 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(

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Misty Cumbie v. Woody Woo, Inc.

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

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Paul D. Turner v. The Saloon, Ltd.

Paul Turner worked as a waiter for The Saloon, Ltd. (“The Saloon”), 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

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Lynore Reiseck v. Universal Communications of Miami, Inc., et al.

Plaintiff Lynore Reiseck (“plaintiff” or “Reiseck”) 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 (“Universal”), Blue Horizon Media, Douglas Gollan, Carl Ruderman, Geoffrey Lurie, and David Bernstein (together “defendan

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Mina V. Lewis v. Giordano's Enterprises, Inc.

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

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Dava Dalvit v. United Airlines, Inc.

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

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Andrew Young v. Cooper Cameron Corp.

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

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Michael J. Davis v. J.P. Morgan Chase & 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 (“Chase”) for four years as an underwriter. As an underwriter, Whalen evaluated whether to issue

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Ron Compton v. Rent-A-Center, Inc.

Plaintiff Ron Compton appeals the district court’s entry of summary judgment in favor of his former employer, Rent-A-Center, Inc. (“RAC”), 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

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Kevin Kasten v. Saint-Gobrain Performance Plastics Corporation

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 complaint” 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

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Sarah Erdman v. Life Time Fitness, Inc.

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

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Romeo Balen v. Holland America Line, Inc.

Romeo Balen, individually and on behalf of those similarly situated, appeals the district court’s order granting Holland America Line Inc.’s (“HAL”) 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

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Mike Rutti v. Lojack Corporation, Inc.

Mike Rutti sought to bring a class action on behalf of all technicians employed by Lojack, Inc. (“Lojack”) 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

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Teresa O'Brien, et al. v. Ed Donnelly Enterprises, Inc. and Ed Donnelly

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 (“FLSA”), 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 court

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