FLSA Law
 
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

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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)

Dale L. Major, et al. v. Chons Bros., Inc.

Defendant, Chons Bros., Inc., appeals a judgment awarding $210,398.04 in damages, attorney fees, and costs to plaintiffs. Plaintiffs cross-appeal summary judgments dismissing their claims against codefendants Merit Wrecker, LLC and Joey Drawbaugh. We affirm.

Plaintiffs, a mechanic and eight tow truck drivers, were formerly employed by Mirage Recovery Service, Inc. Mirage was owned and operat

More...   $210398 (04-11-2002 - CO)

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

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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

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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

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Alexis M. Herman, Secretary of Labor, United States Department of Labor v. Fabri-Centers of America, Inc.

Plaintiff, Alexis M. Herman, former Secretary of Labor of the United States Department of Labor ("the Secretary"), appeals from the judgment ordering Defendant, Fabri-Centers of America, Inc. ("FCA"), to pay $431,948.58 for its violations of sections 7, 11(c), 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938 ("the FLSA"), 29 U.S.C. § 207(a)(1), § 211(c), § 215(a)(2) and § 215(a)(5).(1

More...   $545262 (10-17-2002 - OH)

Kenneth L. Myers, et al. v. Baltimore County, Maryland

This appeal arises out of a claim for unpaid minimum wages and overtime compensation brought by twenty-four individuals who served as caretakers in Baltimore County, Maryland parks (Caretak-ers). The Caretakers allege that Baltimore County, their employer, violated the Fair Labor Standards Act (FLSA), 29 U.S.C.A. §§ 201- 209 (1998), and the Maryland Wage and Hour Law (MWHL), Md. Code Ann., L

More...   $0 (10-07-2002 - MD)

Brandon Valdivieso, et al. v. Atlas Air, Inc.

Plaintiffs-appellants Brandon Valdivieso and David Lickzales ("Appellants"), former employees of defendant-appellant Atlas Air, Inc. ("Atlas Air"), brought an action on behalf of themselves and all other similarly situated loadmasters employed by Atlas Air alleging they were denied the premium overtime compensation required by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. (1) The

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Donald R. Tyler, et al. v. Union Oil Company of California

These appeals and cross-appeals bring before us a variety of issues in this suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq., and the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. The plaintiffs, former employees of Union Oil Company of California (Unocal), filed this suit against Unocal on March 19, 1998, alleging violations of the ADEA and the

More...   $0 (09-16-2002 - TX)

Curtis M. Adkins, et al. v. Labor Ready, Inc., et al.

Curtis Adkins filed suit against Labor Ready, Inc. and Labor Ready Mid-Atlantic, Inc. (collectively "Labor Ready") alleging violations of federal and state labor laws. Labor Ready responded with a motion to compel arbitration based on an arbitration agreement signed by Adkins. The district court granted the motion, Adkins v. Labor Ready, Inc., 185 F. Supp. 2d 628 (S.D.W. Va. 2001), and dismis

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Donald Ray Tyler, et al. v. Union Oil Company of California

The plaintiffs, former employees of Union Oil Company of California (Unocal), filed this suit against Unocal March 19, 1998, alleging violations of the ADEA and the FLSA. A jury trial was held on the ADEA claims. On December 12, 1999, the jury returned a verdict in favor of all plaintiffs on their ADEA claims. Beginning on December 12, 1999, a bench trial was held on the FLSA claims. On Sept

More...   $694142 (08-27-2002 - TX)

Rex L. Bothell v. Phase Metrics, Inc.

Rex Bothell seeks overtime compensation for hours worked in excess of forty per week and other damages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and California state law. Appellee Phase Metrics, Inc., argues that Bothell is an exempt “administrative” employee under both federal and state law and is therefore not entitled to overtime payments

More...   $0 (08-13-2002 - CA)

Larry D. Hysten v. Burlington Northern and Santa Fe Railroad Company

Plaintiff Larry D. Hysten was employed as a journeyman freight car mechanic by defendant Burlington Northern ("Burlington Northern" or "BNSF") and its predecessor, Santa Fe Railroad, for approximately twenty-two years. His suit under 42 U.S.C. § 1981 consists of claims that Burlington Northern suspended him for forty days because he is an African-American and then engaged in retaliatory activity d

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Diantha Smith v. Diffee Ford-Lincoln-Mercury, Inc.

Diantha Smith ("Smith") was employed by Diffee Ford-Lincoln-Mercury, Inc. ("Diffee") of El Reno, Oklahoma. Smith's job title was "booker" or "warranty clerk," and her position required that she figure and prepare all warranty, internal, and customer pay repair orders for payment. Smith was a senior employee and apparently did her job well in most respects.

Smith's supervisor, Warren Blackke

More...   $62785 (07-30-2002 - OK)

Christopher J. Heder v. City of Two Rivers, Wisconsin

After the City of Two Rivers decided that all of its firefighters must be certified as paramedics, the City and the firefighters' union agreed that one third of any necessary training would occur during normal work hours, one third would be treated as overtime at the contractual overtime rate, and the remaining third would be treated as "donated" time. When the City learned that, by virtue

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Heather Chandler v. Specialty Tires of America, Inc.

This is an appeal and cross-appeal in a wrongful discharge case arising under the Family and Medical Leave Act of 1993 ("FMLA") (29 U.S.C. § 2601 et seq.) and the Tennessee Handicap Act ("THA") (Tenn. Code Ann. § 8-50-103). Plaintiff Heather Chandler ("Chandler" or "Plaintiff") appeals the district court's dismissal of her THA action on summary judgment. Defendant Specialty Tires of America (Tenne

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Phillip T. Breuer v. Jim's Concrete of Brevard, Inc.

Plaintiff-appellant Phillip Breuer sued defendant-appellee Jim's Concrete of Brevard, Inc. in Florida state court for unpaid wages, liquidated damages, pre-judgment interest, and attorney's fees under the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201, et. seq. Jim's Concrete removed the case to federal court pursuant to 28 U.S.C. §§ 1441, 1446, and Breuer subsequently moved to remand

More...   $0 (06-11-2002 - FL)

Tho Dinh Tran v. The Alphonse Hotel Corp., d/b/a The Carter Hotels, et al.

The defendants appeal from the August 16, 2000 judgment of the United States District Court for the Southern District of New York (Robert P. Patterson, Jr., J.), finding, after a bench trial, that they (1) violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. by failing to pay the plaintiff sufficient wages for his work as a hotel maintenance worker and (2) violated the Racketee

More...   $0 (02-05-2002 - NY)

Selestion Calbillo v. Cavender Oldsmobile, Inc. and Allied Polygraph Services, Inc.

Selestino Calbillo appeals the district court's grant of summary judgment in favor of Allied Polygraph Services, Inc. and Polysoft Products, Inc. on Calbillo's negligence and Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. § 2001 et seq., claims. Calbillo was employed by Cavender Oldsmobile, Inc. ("Cavender") as a parts counter technician in January 1998. In April 1998, Rohda Smid ("Sm

More...   $0 (04-26-2002 - TX)

Karen L. Bienkowski, et al. v. Northeastern University

Plaintiffs-appellees, Karen Lynn Bienkowski, David Eberle, Delia Ann Hoye, and Edward McDonald, were at all relevant times employed as police officers for the defendant, Northeastern University, and were compensated on an hourly basis. Defendant-appellant Northeastern University (Northeastern) is a private not-for-profit university located in Boston, Massachusetts. As a condition of employme

More...   $0 (04-12-2002 - MA)

Tho Dinh Tran v. The Alponse Hotel Corporation d/b/a The Carter House

The defendants appeal from the August 16, 2000 judgment of the United States District Court for the Southern District of New York (Robert P. Patterson, Jr., J.), finding, after a bench trial, that they (1) violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. by failing to pay the plaintiff sufficient wages for his work as a hotel maintenance worker and (2) violated the Racketee

More...   $0 (02-05-2002 - NY)

Karen Cononie v. Allegheny General Hospital

Karen Cononie commenced this action in the United States District Court for the Western District of Pennsylvania against Allegheny General Hospital ("Allegheny") pursuant to Section 15(a)(3) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C.  215(a)(3) (2001), alleging that she was fired from her employment in retaliation for filing a complaint with the Wage and Hour Division of the United S

More...   $0 (02-08-2002 - PA)

John Bailey and Frank Dunn v. Gulf Coast Transportation

The issue in this case is whether the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219, permits employees to obtain preliminary injunctive relief restraining further retaliatory conduct by their employer and reinstating them to their former positions. Although the district court found the employers' conduct in this case to be "plainly retaliatory," the court denied the employees' motion for a

More...   $0 (01-29-2002 - FL)

Wendy Elwell v. University Hospitals Home Care Services

On cross-appeals, Plaintiff-Appellee/Cross-Appellant, Wendy Elwell ("Elwell"), and Defendant-Appellant/Cross-Appellee, University Hospitals Home Care Services ("University" or "the hospital"), raise a number of issues arising from Elwell's suit alleging that the hospital had failed to pay her, one of its home health care nurses, overtime wages in violation of the Fair Labor Standards Act ("FLSA"),

More...   $0 (01-11-2002 - OH)

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