Marcus R. Hammond, Jr. v. City of Junction City, et al. |
This action stems from a class action discrimination suit, filed on April 6, 2000, on behalf of current and former African-American employees of the City of Junction City, Kansas. Over the course of the case's protracted history, it has devolved into a professional responsibility case. Defendants-appellants Denise M. Anderson and the law firm of Anderson & Associates (together, Anderson) ap... More... $0 (03-03-2005 - KS) |
United States Department of Labor v. Cingular Wireless |
The U.S. Department of Labor announced today that it has reached an agreement with Cingular Wireless to pay 25,351 workers employed as customer service representatives $5.1 million in back wages as a result of alleged violations of the overtime provisions of the Fair Labor Standards Act (FLSA). Cingular, a provider of wireless telecommunication services, is headquartered in Atlanta , Ga. |
Jerry Archuleta, et al. v. Wal-Mart Stores, Inc. |
Under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et seq., an employer may not employ a person for more than 40 hours per workweek unless the employee receives overtime compensation of at least one-and-a-half times the regular hourly rate for hours exceeding 40. Id. at § 207(a)(2)(c). The FLSA creates an exemption to its overtime requirement, however, for people "employed in a ... More... $0 (02-06-2005 - CO) |
Vela, et al. v. The City of Houston |
Plaintiffs are paramedics and emergency medical technicians ("EMTs") (collectively the "EMS workers" or "EMS employees") employed by the City of Houston Fire Department. The Daley Plaintiffs are a subset of a group of approximately 2,600 fire department employees consisting of fire suppression,1 telemetry, dispatch, and arson investigation personnel (the "Vela Plaintiffs"). The Vela Plain... More... $79500000 (11-05-2004 - TX) |
Kurt Snyder, et al. v. The Navajo Nation |
Appellants in these consolidated appeals are law enforce-ment officers of the Navajo Nation Division of Public Safety ("DPS") who filed actions against both the Navajo Nation and the United States claiming violations of the Fair Labor Stan-dards Act ("FLSA"), 29 U.S.C. §§ 201-219. The district court dismissed the claims against the Navajo Nation, holding that law enforcement was an intram... More... $0 (06-15-2004 - AZ) |
Tonya Cooper v. MRM Investment Company, Terry Rogers and Larry Mays |
This appeal concerns the validity and enforceability of an arbitration provision in an employment contract between plaintiff-appellee Tonya Cooper and defendant-appellant MRM Investment Company ("MRM"). Cooper alleges that while working as a manager at MRM's restaurant, she was sexually harassed and constructively discharged. She brought a Title VII action, and MRM moved to compel arbitration.... More... $0 (05-03-2004 - TN) |
Vernoica Pacheco v. Whiting Farms, Inc., Thomas Whiting, and N. Lyle Johnston |
Plaintiff Veronica Pacheco sued Defendants Whiting Farms Inc. and its controlling owners alleging they failed to pay her overtime wages and terminated her employment in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. FLSA generally requires employers to pay their employees one and one-half times the employee's regular rate of pay (overtime) for each hour worked in excess... More... $0 (05-03-2004 - CO) |
John Hogan, et al. v. Allstate Insurance Company |
Five Allstate insurance agents filed a complaint on behalf of themselves and others "similarly situated" against Allstate Insurance Company ("Allstate"), seeking overtime compensation, pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(a)(1), for time worked as Neighborhood Office Agents ("NOAs"). Over 2,300 NOAs filed consent-to-join forms after receiving authorization f... More... $0 (03-02-2004 - FL) |
Eladio Radriguez and Martin Gomez v. Whiting Farms, Inc. and Thomas Whiting |
Plaintiffs-Appellants Eladio Rodriguez and Martin Gomez brought this suit against their former employer, Thomas Whiting and Whiting Farms, Inc. (hereinafter collectively referred to as "Whiting Farms"), claiming Whiting Farms failed to pay them overtime as required under the Fair Labor Standards Act (the "FLSA" or the "Act"). Whiting Farms argues it is exempt from paying Rodriguez and Gomez ove... More... $0 (02-15-2004 - CO) |
Rose M. Bell v. Farmers Insurance Exchange |
In this class action for unpaid overtime, Farmers Insurance Exchange (FIE) has filed separate notices of appeal from a judgment awarding the plaintiffs' class $90,009,208.12 for unpaid overtime compensation, plus prejudgment interest of $32,303,048 and from a series of postjudgment orders that inter alia adopted a plan of distribution and awarded common fund attorney fees and costs. We reve... More... $0 (02-10-2004 - CA) |
T. Maria Welding, et al. v. Bios Corporation |
An employer is not required to pay overtime to an employee who provides companionship services to the aged or infirm in a private home. The plaintiff employees here provided services to developmentally disabled persons in a variety of living arrangements. In determining whether these living arrangements qualified as private homes, the district court analyzed the various living arrangements as a... More... $0 (01-06-2004 - OK) |
Roy Hillstrom v. Best Western TLC Hotel |
Roy Hillstrom, then age 42, was terminated from his job at the Best Western TLC Hotel in Waltham, Massachusetts in April 2002. His boss, Matthew Phipps, said it was for poor job performance. Hillstrom sued, alleging he had been discriminated against because of his age and gender. He also claimed that Best Western violated the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., by ch... More... $0 (01-05-2004 - MA) |
Christropher D. Prickett, Donald A. Cox, et al. v. DeKalb County |
The named plaintiffs in this case, employees of the Fire Services Bureau of the DeKalb County Department of Public Safety, filed two claims against DeKalb County for overtime pay pursuant to the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seq. The case became a class action when several hundred additional plaintiffs opted to join the named plaintiffs by filing consent forms with ... More... $0 (11-11-2003 - GA) |
Stephanie Moreau v. Air France, et al. |
In this necessarily fact-specific appeal, we must decide whether and in what circumstances contracted service workers should be considered in determining whether an employer is exempt from the requirements of the Family Medical Leave Act ("FMLA") and its California counterpart, the California Family Rights Act ("CFRA"). Air France flies an abbreviated schedule (one flight per day) in and ... More... $0 (09-15-2003 - CA) |
Melania Felix De Asencio, et al. v. Tyson Foods, Inc. |
In a labor dispute over unpaid wages, plaintiffs gained certification of an opt-in class under the Fair Labor Standards Act and then sought certification of a Fed. R. Civ. P. 23(b)(3) opt-out class under the Pennsylvania Wage Payment & Collection Law. The District Court granted the Rule 23 certification. At issue is whether the District Court should have exercised supplemental jurisdictio... More... $0 (09-09-2003 - PA) |
Abdelua Tum, et al. v. Barber Foods, Inc. |
Plaintiff-Appellants are a group of hourly wage employees ("Employees") who brought suit against their employer, Barber Foods, for alleged violations of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 216(b). Employees sought compensation for alleged unrecorded and uncompensated work performed by them for Barber Foods. The district court granted partial summary judgment for defendant... More... $0 (06-03-2003 - ME) |
Julie Perri v. Certified Languages International, LLc |
After defendant terminated her services, plaintiff brought this action for damages and other relief based on defendant's alleged violations of Oregon and federal minimum wage and overtime laws. ORS 653.010 - 653.261; Fair Labor Standards Act (FLSA), 29 USC §§ 201 - 219 (2000). Plaintiff also asserted claims under Oregon and federal law that defendant had unlawfully discharged her from employmen... More... $0 (03-20-2003 - OR) |
Jerry D. Ormsby v. C.O.F. Training Services, Inc. |
Plaintiff Jerry D. Ormsby appeals from the district court's grant of summary judgment to defendant, his former employer, on claims for allegedly unpaid overtime hours, pursuant to the Fair Labor Standards Act (FLSA) and the Portal-to-Portal Pay Act. Before we discuss the merits of plaintiff's claims, however, we must address defendant's claim to Eleventh Amendment immunity. Before the di... More... $0 (03-17-2003 - KS) |
Karla Jameson v. Five Feet Restaurant, Inc. |
Five Feet Restaurant, Inc., appeals from (1) the judgment after a jury trial awarding former employee and server Karla Jameson the sum of $1,075 for Five Feet's violation of Labor Code section 351; and (2) the permanent injunction issued by the trial court requiring Five Feet to comply with Labor Code section 351. Labor Code Section 351 prohibits an "employer" or "agent" from collecting, ta... More... $1075 (03-14-2003 - CA) |
Feightner v. Bank of Oklahoma, N.A. |
Ms. Feightner went to work for BOK as an assistant vice president and branch manager in mid-1995 and worked for BOK until mid-1997. In July 1997, shortly after her employment with BOK ended, she submitted a wage claim form and an amended form to the Oklahoma Department of Labor (DOL). The forms claimed entitlement to overtime compensation she asserted BOK refused to pay. The DOL provided Ms. ... More... $0 (03-04-2003 - OK) |
Jan Grochowski, et al. v. Phoenix Construction, et al. |
The appellants are nine plaintiffs who were employed as roofers and bricklayers on three separate public works construction projects. The defendants-appellees are contractors involved in these projects, their officers, and the insurance companies that served as sureties on construction payment bonds for those projects. The contractor defendants are Ypsilon Construction Corporation, Inc. ("Y... More... $0 (01-23-2003 - NY) |
Karen Moore, et al. v. Hannon Food Service, Inc., et al. |
Hannon Food Service, Inc.; Hannon’s Food Service, Inc.; Hannon’s Food Service of Jack-son, Inc.; and Hannon’s Food Service of Nat-chez, Inc. (collectively “Hannon”) appeal a judgment as a matter of law (“j.m.l.”) in this action brought pursuant to the Fair Labor Standards Act (“FLSA”) awarding overtime benefits to a group of restaurant m... More... $0 (01-21-2003 - MS) |
Stephen J. Kearney v. Town of Wareham, et al. |
Plaintiff-appellant Stephen J. Kearney, a police officer, repeatedly took issue with his employer, the Town of Wareham (the Town), over the extent of the Town's obligations under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (FLSA). He asserts that the Town and its hierarchs, angered because he had prevailed in those disputes, cashiered him. Claiming illegal retaliation, he sued the Town, its... More... $0 (12-11-2002 - MA) |
Carlos Villescas v. Spencer Abraham, Secretary of the Department of Energy |
Appellant Spencer Abraham, Secretary of the Department of Energy, appeals from a district court judgment awarding Carlos Villescas, a federal employee, $50,000 in compensatory damages for emotional distress, and $152,530.85 in attorney's fees and costs on a retaliation claim under the Age Discrimination in Employment Act, 29 U.S.C. § 633a (ADEA). The narrow dispositive question is whether 29 U.S... More... $0 (12-02-2002 - CO) |
Wal-Mart Stores, Inc. and Sam's East, Inc. v. Elena Lopez, et al. |
In this interlocutory appeal, Wal-Mart Stores, Inc. and Sam's East, Inc. (collectively, "Wal-Mart") appeal the trial court's order granting class certification to Elena Lopez, Liberty Morales, Chad Matthews, and James Veillon, on behalf of themselves and all others similarly situated. Because individual issues will predominate over common issues, and the class action is not the superior method fo... More... $0 (11-15-2002 - TX) |
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