State and local governments are entitled to offer compensatory time off in lieu of overtime pay, if employees agree to this procedure. 29 U.S.C. §207(o). See Christensen v. Harris County, 529 U.S. 576 (2000). With the assent of the police officers’ union, Chicago has implemented a comp-time program. In this suit, some of the officers who have accumulated credits under the program contend that C... More...   $0 (03-26-2009 - IL)

This interlocutory appeal requires us to determine whether defendant-appellant Andrea Cabral, the duly elected Sheriff of Suffolk County, Massachusetts, is entitled to qualified immunity in connection with her decision to strip several jail officers of their commissions as deputy sheriffs, allegedly in retaliation for their support of her opponent during the 2004 election cycle. The district court... More...   $0 (03-12-2009 - ma)

This appeal is about the power of a district court to supervise the work of the lawyers who practice before it. Christine Sahyers (Plaintiff) appeals a district court order denying her request for attorney’s fees and costs in her lawsuit under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201–19. We affirm the order. Background

Plaintiff worked as a paralegal at the law firm Prugh... More...   $0 (03-08-2009 - FL)

This appeal principally involves the relationship between two labor statutes—the Fair Labor Standards Act of 1938 and a 1996 statute related to compensation for postal inspectors, 39 U.S.C. § 1003(c). Robert Nigg, a postal inspector1 currently employed by the United States Postal Service (“the Postal Serviceâ€�) and Keith Lewis, a retired postal inspector, sued the Postal Service alleging tha... More...   $0 (02-09-2009 - CA)

An opt-in class of 1,424 store managers, in a collective action certified by the district court, sued Family Dollar Stores, Inc. (“Family Dollarâ€�) for unpaid overtime wages under the Fair Labor Standards Act (“FLSAâ€�), 29 U.S.C. §§ 201- 219. During an eight-day trial, the Plaintiffs used Family Dollar’s payroll records to establish that 1,424 store managers routinely worked 60 to 70 hou... More...   $35576059 (12-20-2008 - AL)

Barbeque Ventures, LLC, Barbeque Ventures of Nebraska, LLC, and Old Market Ventures, LLC (“the employersâ€�) appeal from a summary judgment for the Secretary of Labor pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 207, 215(a)(2). The district court1 ordered the employers to pay overtime compensation, liquidated damages and post-judgment interest, while denying injunctive relief. The so... More...   $0 (12-04-2008 - NE)

At issue is whether the Southeastern Pennsylvania Transportation Authority (“SEPTAâ€�) is entitled to sovereign immunity under the Eleventh Amendment. In 1991, we determined SEPTA was not an arm of the state. Bolden v. SEPTA, 953 F.2d 807 (3d Cir. 1991) (en banc), cert. denied, 504 U.S. 943 (1992). Now SEPTA contends that subsequent changes in Eleventh Amendment jurisprudence and in SEPTA’s st... More...   $0 (11-26-2008 - PA)

Oracle Corporation (“Oracleâ€�), 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... More...   $0 (11-07-2008 - CA)

From approximately July 2000 to September 2005, Ismael Perdomo performed work for Ask 4 Realty & Management, Inc., Real Estate Depot, Inc., and Alan Klasfeld (collectively, the “Defendantsâ€�). Perdomo sued the Defendants seeking overtime wages for the period of July 2000 to December 31, 2004, and wages for the work performed in 2005. Perdomo’s claim is based upon the Fair Labor Standards Act ... More...   $0 (10-23-2008 - )

Plaintiff-appellant Linda Havey (“Haveyâ€�), who was formerly employed as a mortgage underwriter by defendant-appellee Homebound Mortgage (“Homeboundâ€�), brought this action claiming that Homebound and its officers failed to pay her overtime compensation as required by the Fair Labor Standards Act (“FLSAâ€� or “the Actâ€�), 29 U.S.C. § 201 et seq. Defendants responded that Havey was empl... More...   $0 (10-22-2008 - VT)

Ireane Kellogg sued her former employer, Oilind Safety, under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112 et. seq., and the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. She claimed that Oilind (1) discriminated against her in violation of the ADA by firing her after she was diagnosed with epilepsy, and (2) denied her overtime payments to which she was entitled under ... More...   $0 (10-15-2008 - WY)

Although the Fair Labor Standards Act (“FLSAâ€�) generally requires an employer to pay its employees at a rate of one and one-half times their regular rate of pay for any time worked in excess of forty hours in a given workweek, it exempts from this requirement “executive, administrative or professionalâ€� employees. At issue here is whether full-time pharmacists working for Wal-Mart Stores, I... More...   $0 (10-08-2008 - )

After serving a prison sentence, the plaintiff was civilly committed to a secure treatment facility—the Wisconsin Resource Center—as a sexually violent person. Wis. Stat. § 980.06. He has brought this suit under 42 U.S.C. § 1983 against various state officials, claiming that they violated his federal rights by reducing his pay for the work he performs at the Center.

The district judge... More...   $0 (09-15-2008 - WI)

In this opinion, we resolve whether the district court erred in precluding the admission of evidence regarding damages as a sanction under Federal Rule of Civil Procedure (Rule) 37 for failure to disclose damage calculations under Rule 26(a). We conclude that the district court did not abuse its discretion and affirm on this issue. The remaining issues in this case are resolved in a contemporaneou... More...   $0 (09-05-2008 - CA)

Antoinette Pirant sued her former employer, the United States Postal Service, for an alleged violation of the Family Medical Leave Act, 29 U.S.C. §§ 2601-2654 (“FMLAâ€�), but her suit failed on the threshold question of her eligibility for FMLA leave. She appeals, contending there were triable issues of fact regarding her FMLA eligibility—specifically, a factual dispute over whether she had ... More...   $0 (09-04-2008 - IL)

Defendants-appellants Tyson Foods, Inc. and Tyson Fresh Meats, Inc. (collectively, “Tysonâ€�) appeal from the district court’s interlocutory order denying their motion for partial summary judgment. We ordered the parties to submit briefs addressing whether this appeal should be dismissed on the ground that the order appealed from was not final. Tyson argues that we have jurisdiction over the a... More...   $0 (07-30-2008 - KS)

Plaintiff-Appellant Vivian Brown brought an action against her former employer, Family Dollar Stores of Indiana, LP (“Family Dollarâ€�), alleging that Family Dollar failed to pay in a timely manner overtime wages due her in violation of the Fair Labor Standards Act, (“FLSAâ€�), 29 U.S.C. 201 et seq., the Indiana Wage Payment Statute, Ind. Code § 22-2-5-1 et seq., and the Indiana Wage Claim St... More...   $0 (07-17-2008 - IN)

Plaintiff-appellant James McGrath sued his former employer, Central Masonry Corporation (Central), for failure to pay overtime compensation in violation of the Fair Labor Standards Act, 29 U.S.C. § 207 (FLSA), and also asserted a claim under the Colorado Wage Claim Act, C.R.S. §§ 8-4-101 through 8-4-123, for Central's failure to pay him the balance of a bonus upon his separation from employme... More...   $0 (05-01-2008 - CO)

The Family Medical Leave Act (FMLA) mandates that certain employers provide employees suffering from a serious medical condition up to twelve weeks of unpaid leave per year. See 29 U.S.C. § 2612(a)(1)(D). Employees, however, have several duties concomitant to this right. For instance, an employer may require an employee submit medical certification documenting his medical condition before the ... More...   $0 (04-15-2008 - OK)

This appeal requires us to analyze the relation between section 301(a) of the Labor Management Relations Act (Taft-Hartley), 29 U.S.C. § 185, which authorizes federal suits to enforce collective bargaining agreements, and the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., the federal minimum-wage and maximumhour law. The plaintiffs represent a class (an "opt-in" class under 29 U.S.C. §... More...   $0 (04-03-2008 - IL)

Cynthia Howser is an hourly employee at ABB's plant in Jefferson City, Missouri. She has received extensive medical treatment ... More...   $0 (03-27-2008 - MO)

Torren Colcord and Stacy Rutherford appeal from a judgment for compensatory and punitive damages in favor of their former employer, Service Employees International Union, Local 250 (Local 250). The trial court found Colcord and Rutherford liable for breach of fiduciary duty for secretly organizing - while still employed as field representatives by the union - a campaign to decertify Local 250 ... More...   $300387 (02-23-2008 - CA)

The primary issue in this case is whether a group of paramedics, who are employed by a county fire department and trained in fire suppression, have the "responsibility to engage in fire suppression" under 29 U.S.C. § 203(y), and are accordingly partially exempt from the normal forty-hour overtime schedule established by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 et seq. We conclu... More...   $0 (02-21-2008 - GA)

After Detecon, Inc., a small wireless telecommunications consulting company, discharged one of its officers, Larry Darveau, he brought this action, alleging that Detecon had not paid him overtime in violation of the Fair Labor Standards Act of 1938 ("FLSA" or the "Act"), 29 U.S.C. § 207 (2000). Fifteen days later, Detecon filed a fraud suit in state court against Darveau. Darveau then amended... More...   $0 (01-31-2008 - VA)

From 1993 to 2000, the plaintiffs, Timothy Doyle, Greg Hagaman, Brian Lague, Anthony W. Richards, and Eric Edward... More...   $0 (01-29-2008 - RI)