This appeal in a Fair Labor Standards Act, 29 U.S.C. §§ 201–19, case involves a number of issues arising under that statute. It also presents us with an interesting issue that is not FLSA-specific. Without objection from either party, the district court gave the jury an erroneous instruction on how to calculate damages. The jury compounded the error by returning a verdict for a larger am... More...   $0 (01-29-2008 - FL)

Long John Silver's Restaurants, Incorporated, and Long John Silver's, Incorporated (collectively, "LJS"), seek appellate relief from a January 20, 2006 ruling of the district court declining to vacate an arbitration award. Long John Silver's Rests., Inc. v. Cole, No. 6:05- cv-03039-HFF (D.S.C. Jan. 20, 2006) (the "Opinion").1 In the underlying arbitration proceedings, three former LJS manager... More...   $0 (01-28-2008 - SC)

Plaintiffs Paula Roe-Midgett and Paul Decker sued their employer CC Services, Inc. ("CCS") for overtime wages under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(a)(1). CCS contracts with insurance companies to provide claims processing services for auto, home, commercial, and farm policies. Roe-Midgett and Decker were employed as claims adjusters at different levels of CCS's cl... More...   $0 (01-06-2008 - IL)

Two managers brought a class action suit against their former employer, Dynamics Research Corporation ("DRC"), for violations of the Fair Labor Standards Act ("FLSA"), ... More...   $0 (12-03-2007 - MA)

Plaintiff-Appellant Darrell Hare was employed as the general manager of the Denver Merchandise Mart, Inc. ("the Mart") for nearly thirty years. Beginning in 2001, his relationship with higher management began to break down. He was terminated from his position as general manager on December 29, 2003, at the age of 64. He brought this suit under the Age Discrimination in Employment Act ("ADEA... More...   $0 (11-10-2007 - CO)

Plaintiff Mabel Kay Thomas ("Thomas") appeals the district court's grant of summary judgment in favor of Speedway SuperAmerica LLC ("Speedway"), which denied her claims for unpaid overtime wages under both federal and state law. The district court held that Thomas was a bona fide executive employee under 29 U.S.C. § 213(a)(1) and thus not entitled to overtime wages. The narrow issue on appe... More...   $0 (10-30-2007 - OH)

William Madely and James Borland appeal from a judgment dismissing their claims that they were improperly classified as exempt from overtime payments, denying their motion for partial summary judgment, and granting summary judgment to RadioShack. Madely and Borland argue that: (1) the trial court erred by weighing the evidence in RadioShack's favor where there were disputed questions of materi... More...   $0 (10-27-2007 - WI)

In March 2004 plaintiff-appellant David Dent accepted overtime compensation that was owed to him by his former employer, MC Communications, pursuant to a settlement supervised by the Department of Labor ("DOL") in accordance with the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(c). Dent signed a WH-58 standard form "Receipt for Payment of Lost or Denied Wages, Employment Benefits,... More...   $0 (09-19-2007 - NV)

In instructing the jury in this case brought by poultry workers under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA" or "Act"), the District Court stated that in considering whether the workers' donning, doffing and washing was "work" under the Act, the jury must consider whether the activities involved physical or mental exertion. The jury decided the issue of work against... More...   $0 (09-12-2007 - PA)

This is an interlocutory appeal from the District Court's denial of Viacom's summary judgment motion. Viacom seeks to have James Ruehl's complaint under the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq., dismissed for failure to timely exhaust administrative remedies before the Equal Employment Opportunity Commission ("EEOC"). The District Court denied sum... More...   $0 (09-12-2007 - PA)

This is an interlocutory appeal from the district court's grant of class certification. The Appellees, migrant workers, claim Eller & Sons Trees, Inc. (Eller & Sons) and Jerry Eller (collectively, the Appellants) violated their rights under the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. §§1801-1872 (AWPA) and the Fair Labor Standards Act, 29 U.S.C. §§201-219 (FLSA... More...   $0 (08-31-2007 - GA)

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 Service") and Keith Lewis, a retired postal inspector, sued the Postal Service allegi... More...   $0 (08-28-2007 - CA)

Plaintiffs are D... More...   $0 (08-21-2007 - GA)

This appeal presents two related issues under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et. seq.: (1) whether a domestic service employee, employed by a third party employer rather than directly by the family of the person receiving care, is exempt from the overtime requirements of the FLSA pursuant to the companion services exemption, and (2) what level of deference is due to ... More...   $0 (06-28-2007 - FL)

Traci Otto, on behalf of herself and all other employees similarly situated sued Pocono Health System and Pocono Medical Center alleging that Pocono had failed to comply with the technical requirements of federal law in implementing its "8 and 80" overtime pay system. Otto also alleged that Pocono's pay practices violated the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and ... More...   $1 (05-23-2007 - NY)

Plaintiff Jacqueline Davis (Davis) appeals the district court's order dismissing her action and compelling arbitration under 9 U.S.C. § 4 based upon an arbitration agreement with her former employer, Defendant O'Melveny & Myers (O'Melveny). On appeal, Davis challenges the enforceability of the arbitration agreement, contending that it is unconscionable under California law. The merits of t... More...   $0 (05-15-2007 - CA)

Plaintiff, Carla Mutchler, appeals the district court's grant of summary judgment to Defendants, Dunlap Memorial Hospital and Kathy Loede, on her claim that Defendants violated the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq. Plaintiff's appeal rests on two claims: first, that she met the "hours of service" requirement for purposes of FMLA eligibility; and second, that D... More...   $0 (05-08-2007 - OH)

Mrs. Knapp was a pilot for America West. In 1995, she and her husband noticed that their eldest son, born in 1986, disp... More...   $0 (11-29-2006 - UT)

Current and former store managers of Family Dollar Stores claimed Defendant misclassified them as exempt employees under the "executive exemption to the FLSA. Plaintiffs maintained that because their primary duty was not management and that they spent 80-95% of their time unloading trucks, cleaning the store and stocking shelves that they were nothing more than salaried labor workers, i.e., ... More...   $33200000 (04-05-2006 - AL)

Plaintiffs, 35 former union employees of Kowa Printing Corporation, brought an action under the Illinois Wage Payment and Collection Act (the Wage Act) (820 ILCS 115/1 et seq. (West 2004)) against defendants, Kowa Printing Corporation, Thomas W. Kowa, and Huston-Patterson Corporation. Plaintiffs alleged that they were owed unpaid vacation time and severance pay and that all three defendants wer... More...   $0 (11-02-2005 - IL)

Plaintiff Davis Shikles appeals from a district court order granting summary judgment to Defendant Sprint/United Management Company ("Sprint") in Shikles' lawsuit alleging that Sprint violated the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq., by denying him promotions and terminating him. (Aplt. App. at 12-13, 485, 510.) This appeal presents three important legal iss... More...   $0 (10-22-2005 - KS)

Mr. Getachew was born in Et... More...   $0 (09-29-2005 - CO)

Overtime pay class action lawsuit against Computer Sciences Corporation ("CSC") on behalf of themselves and approximately 30,000 current and former employees of CSC for alleged violations of the Fair Labor Standards Act ("FLSA"), California's Unfair Competition Law, and the wage and hour laws of 13 states. The FLSA collective action includes all persons who worked for CSC as an Associate Memb... More...   $24000000 (04-21-2005 - CA)

Plaintiff, Theresa Landers-Scelfo, appeals from the dismissal with prejudice of those counts of her second amended complaint that sought damages against Synergy PEO, LLC (d/b/a The Synergy Plan and Synergy), for commissions on sales she made as an account executive for Corporate Office Systems, Inc. (COS), and for attorney fees associated with her attempt to recover those commissions. The compl... More...   $0 (04-19-2005 - IL)

The defendant in this action, Horizon Media, Inc. (" Horizon"), is a New York corporation with its principal place of business located in New York City. 2. The plaintiff, Chrystina Nicolaou, was hired by Horizon in July 1998 as its Director of Human Resources and Administration. 6. In this capacity, Nicolaou served as a fiduciary and trustee of Horizon's 401( k) employee benefits... More...   $0 (03-28-2005 - NY)