FLSA Law
 
William Turner, et al. v. City of Philadelphia, et al.

This is an appeal from an order of the District Court granting summary judgment for the defendants in a class action suit brought by over 200 current and former corrections officers against the City of Philadelphia and the City Prisons Commissioner. The officers, seeking overtime compensation under the Fair Labor Standards Act (FLSA) for the time they spent changing into and out of their un

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Salon Enterprises, Inc. v. Topaze Langford

Salon Enterprises, Inc., d/b/a Par Exsalonce Hair Salon (Par Exsalonce) appeals from the ruling of the trial court that Par Exsalonce violated the Kansas Wage Payment Act (KWPA), K.S.A. 44-312 et seq., and the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 (1994) et seq.

Joan and Ronald Sandstrom are the owners and directors of Par Exsalonce. In November 1992, Par Exsalonce hired Topaze Lan

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Juan E. Vela, et al. v. The City of Houston

Plaintiffs-Appellants asserted claims against Defendant-Appellee, the City of Houston, for overtime compensation pursuant to the Fair Labor Standards Act, and they now appeal from the district court's grant of summary judgment in favor of the City. The City cross-appeals from, among other things, the district court's award of attorney's fees in a related case that was consolidated with this case.

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Benjamin Alston, et al. v. State of New York

Claimant Benjamin Alston and 102 similarly situated parole officers appeal from an Appellate Division order affirming the dismissal of their claims against the State for purported violations of the Fair Labor Standards Act of 1938 (29 USC § 201 et seq. [FLSA]). The dismissal was predicated on the claimants' failure to file their claims within six months after accrual (see, Court of Claims Act § 10

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Ronald L. Howard, et al. v. City of Springfield, Illinois

The plaintiffs in this case are police officers with the canine unit of the City of Springfield. The officers are responsible for taking care of the dogs assigned to them, but the dogs are owned by the City. Although the City provides kennels for the dogs, the officers were encouraged to care for them at home in order to maintain the relationship with the dog that makes them more effecti

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Daniel Adams, et al. v. City of Norfolk, et al.

Appellants are certified firefighters, but they are cross-trained to provide varying levels of emergency medical services ("EMS") as part of their job duties at the City of Norfolk's Department of Fire and Paramedical Services ("NFPS"). They contend that their simultaneous service as emergency medical personnel defeats the partial exemption from the Fair Labor Standards Act's ("FLSA") overtim

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H. Michael Weeks v. Independent School District No. I-89, et al.

This case involves three companioned appeals by attorney Marilyn D. Barringer ("Barringer").(1) Barringer served as original counsel for H. Michael Weeks ("Weeks") in an action brought against Independent School District No. 89 ("School District"). Prior to trial, the district court entered an order disqualifying Barringer from further participation in the litigation because of improper ex parte c

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Shireley Alexander and Jo Ann Grayson v. Vesta Insurance Company

Plaintiffs claimed that Vesta Insurance violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. x. 2000e, et seq.; 42 U.S.C. s. 1981; the Age Discrimination in Employment Act, 29 U.S.C. s. 621, et seq. ("ADEA">; the Fair Labor Standards Act, 29 U.S.C. s. 201 et seq. ("FLSA"); and Alabama fraud law. Defendants moved for summary judgment based, upon other things, Plaintiffs' failu

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Pabst v. Oklahoma Gas & Electric Company

We again explore the question of when "on-call" time becomes sufficiently onerous to render it compensable under the Fair Labor Standards Act ("FLSA"). Surveying our precedents and applying them to the facts of this case, we conclude that plaintiffs' on-call duties requiring them to continually monitor automated alarms by pager and computer were compensable under the FLSA. In so holding, we reject

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Franklin v. City of Kettering, Ohio

Plaintiff-appellants are police patrol officers of defendant city of Kettering, Ohio. Plaintiffs brought this action asserting that they are entitled to unpaid overtime compensation under the Fair Labor Standards Act (FLSA). On cross motions for summary judgment, the district court granted defendant's motion. For the reasons stated below, we affirm the judgment of the magistrate judge granting sum

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Donald Martin v. Lake County Sewer Co., Inc., et al.

Donald Martin, an employee of Lake County Sewer Co., Inc. (Lake) and a member of the Teamsters Union, was discharged in May of 1999 after failing to attend an instructional class that was required of all employees. Martin filed suit on January 25, 2000, alleging violations of the Fair Labor Standards Act (FLSA), the Labor Management Relations Act (LMRA), and the National Labor Relations Act (NLRA)

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Stephen A. Ale, et al. v. Tennessee Valley Authority

Plaintiffs, 20 former employees of the Tennessee Valley Authority ("TVA"), worked in the TVA's Site Security Organization at its Watts Bar ("WBN") and Sequoyah Nuclear ("SNP") Plants. In November of 1996, plaintiffs brought a claim against the TVA charging that in June 1996, it willfully eliminated their overtime pay in violation of Section 7 of the Fair Labor Standards Act ("FLSA"). 29 U.S.C. § 2

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Gerald E. Archer, et al. v. Rockingham County

Plaintiffs are twelve former and current emergency medical technicians (EMTs) who work in Rockingham County, North Carolina. Sometime in the mid-1980s, the County began paying the full-time EMTs according to the "fluctuating workweek pay plan." This pay schedule is a recognized method of compensation under the federal Fair Labor and Standards Act of 1938 (FLSA) and is codified in 29 C.F.R. § 778.1

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Dormeyer v. Comerica Bank-Illinois

The plaintiff, who worked as a teller for the defendant bank between April 1994 and February 1996, brought suit against the bank and related entities unnecessary to discuss charging violations of the Family and Medical Leave Act, 29 U.S.C. sec.sec. 2601 et seq., the Pregnancy Discrimination Act, 42 U.S.C. sec. 2000e(k), and the Fair Labor Standards Act, 29 U.S.C. sec.sec. 206(a), 207(a), 2

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Tracy Klinedinst v. Swift Investments, Inc.

Tracy Klinedinst appeals from the district court's grant of summary judgment in favor of his former employer, Swift Investments. Klinedinst sued Swift for failure to pay overtime in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201, et seq. The district court held that Klinedinst's position falls within an exemption to the Act for "commission" workers.

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Michael A. Baldwin, et al. v. Trailer Inns, Inc., et al.

Michael A. Baldwin and Constance J. Baldwin, were managers of Appellee Trailer Inns, Inc.'s recreational vehicle ("RV") park in Bellevue, Washington. The Baldwins seek overtime wages from Trailer Inns, Inc. and its president, Don Kramer (collec-tively, "Trailer Inns") under the Fair Labor Standards Act ("FLSA") and damages resulting from the alleged breach of their employment agreement with T

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Bobby Hathcock v. Acme Truck Lines, Inc.

Plaintiff-Appellant Hathcock seeks reversal of the district court's grant of summary judgment in favor of Defendant-Appellee Acme Truck Lines, Inc. ("Acme"). Because we find Hathcock, in his capacity as a truck driver, was an employee of Acme at all pertinent times, we affirm the district's court grant of summary judgment.

I.

FACTS AND PROCEEDINGS Acme transports equipment, materials, an

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Cynthia Miranda Morrison v. International Programs Consortium, Inc., et al.

Appellant Cynthia Miranda Morrison appeals the district court's denial of her motion for partial summary judgment and its grant of the appellees' motion for judgment as a matter of law. She also challenges the court's evidentiary ruling excluding documen- tation of an IRS assessment and levy. For the reasons that follow, we affirm the district court's denial of summary judgment and its

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Loughner v. The University of Pittsburgh

This appeal raises a troublesome and recurring problem pertaining to the award of attorneys' fees and costs to a prevailing party under a federal statute and the duty of a district court in dealing with the prevailing party's petition for fees. Catherine M. Loughner ("Loughner") brought an action under, inter alia, the Fair Labor Standards Act ("FLSA"), against The University of Pittsbur gh

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Zhuang v. J.D. Edwards & Company

Lina Zhuang, an Asian female, worked for ten months in 1995 and 1996 as a Chinese translator for J.D. Edwards & Company. She was hired at will to work on emporary translation projects, and was recommended for the next available full-time position. When she did not get a full-time position, she did not return to work. Her suit alleged unlawful discrimination and retaliation under Title VII of the C

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Finch v Greatland Foods, Inc.

Jack Finch appeals the superior court's order granting summary judgment in favor of Bob's Distributing, his former employer, on claims of constructive discharge, breach of the covenant of good faith and fair dealing, and intentional infliction of emotional distress. Because Finch presented sufficient evidence to create a genuine fact dispute as to whether Bob's constructively discharged him

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Demos v. City of Indianapolis

Five employees and former employees of the City of Indianapolis (“the City”) sued the City and Bart Peterson, Mayor of the City of Indianapolis, for overtime compensation pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §207, et seq. Defendants filed a Motion for Summary Judgment and supporting documents arguing that Plaintiffs were exempt administrative and

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Gerardo Castillo v. Case Farms of Ohio, Inc., et al.

Plaintiffs, a group of migrant farm workers, claimed that defendant violated the Migrant and Seasonal Agricultural Worker Protection Act ("AWPA"), the Fair Labor Standards Act ("FLSA"), and various state laws at a chicken processing plant located in Winesburg, Ohio which processes approximately 400,000 live chickens per week. Plaintiffs performed a range of jobs, which included evisceration, debo

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Albert J. Brooks, et al. v. Village of Riverfield Park, et al.

Fair Labor Standards Act - Labor Relations - On March 8, 1996, Brooks (Plaintiff) commenced an action alleging that the defendant Village violated the FLSA by failing to pay him and other Village police officers for the time they spent outside regular work hours caring for Village-owned police dogs. He later amended the complaint to include a second claim, alleging that the Village violated the F

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Laura A. Lambert, et al. v. Barry Ackerly, et al.

Violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 215 (a)(3), and in violation of the public policy of the state of Washington. Wash. Rev. Code § 49.46.100(2).

The plaintiffs in this action were six former ticket sales agents of the Seattle SuperSonics, a National Basketball Association team. As "account executives" for the Sonics, the plaintiffs were responsible

More...   $12750000 (01-22-2000 - WA)

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