FLSA Law
 
Brandon Alberts, et al. v. The Board of County Commissioners of Jefferson County, Colorado, et al.

Current and former employees (Employees) of the Jefferson County Sheriff’s
Office (County) brought a collective action under the Fair Labor Standards Act (FLSA),
alleging they were paid overtime at a lower rate than required by the statute during 2010,
2011, and 2012. The district court granted the County’s motion to dismiss the
Employees’ Third Amended Complaint and the Empl... More...
   $0 (11-13-2014 - CO)

Greg Landers v. Quality Communications, Inc.

Plaintiff-Appellant Greg Landers (Landers) appeals from
an order dismissing his complaint against Defendants-
Appellees Quality Communications, Inc. (Quality), Brady E.
Wells, and Robert J. Huber. Landers’ complaint alleged
violations of the Fair Labor Standards Act (FLSA).
Specifically, Landers alleged that Quality failed to pay
Landers and other similarly situated emplo... More...
   $0 (11-12-2014 - NV)

Crystal Litz v. The Saint Consulting Group, Inc.

Appellants Crystal Litz and
Amanda Payne ("plaintiffs") claim unpaid overtime wages for their
work as project managers for The Saint Consulting Group, Inc.
("Saint Consulting"). The district court concluded that plaintiffs
were "highly compensated employees" and thus exempt from the
overtime pay protections of the Fair Labor Standards Act ("FLSA").
29 U.S.C. § 213(a)(1); 2... More...
   $0 (11-04-2014 - MA)

Maria Rebolledo v. Tilly's Inc.

Tilly’s Inc. and World of Jeans & Tops, Inc. (hereafter collectively referred to in the singular as Employer) appeal from the trial court’s order denying its motion to compel arbitration of Maria Rebolledo’s putative class action regarding statutory wage claims. We agree with the trial court’s conclusion the parties’ arbitration agreement expressly excluded statutory wage claims from the... More...   $0 (08-06-2014 - CA)

Lori Rhea v. General Atomics

This appeals presents a challenge to General Atomics' employment practice of requiring exempt employees to use their annual leave hours when they are absent from
2
work for portions of a day. Although Conley v. Pacific Gas & Electric Co. (2005) 131 Cal.App.4th 260, 263 (Conley) established that California law does not prohibit an employer "from following the established federal policy perm... More...
   $0 (07-21-2014 - CA)

Kevin Johnson v. Heckmann Water Resources (CVR)

The district court granted Defendants–Appellees’ motion for summary judgment, finding that they did not violate the overtime wage requirements of the Fair Labor Standards Act (“FLSA”) by using a Monday through Sunday workweek to calculate overtime compensation. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs–Appellants Kevin Johnson (“Johnson”) and Brad Smith (“S... More...
   $0 (07-14-2014 - TX)

Leonard Avila v. Los Angeles Police Department

Leonard Avila, a police officer, periodically worked
through his lunch break but did not claim overtime.
According to his commanding officer, Avila was a model
officer. The Los Angeles Police Department (LAPD),
however, deemed Avila insubordinate for not claiming
overtime and fired him.
AVILA V. LAPD 5
Not coincidentally, that termination occurred only after
Avila h... More...
   $0 (07-10-2014 - CA)

Arshavir Iskanian v. CLS Transportation Los Angeles, LLC

In this case, we again address whether the Federal Arbitration Act (FAA) preempts a state law rule that restricts enforcement of terms in arbitration agreements. Here, an employee seeks to bring a class action lawsuit on behalf of himself and similarly situated employees for his employer‘s alleged failure to compensate its employees for, among other things, overtime and meal and rest periods. Th... More...   $0 (06-23-2014 - CA)

Jayquan Brown v. New York City Department of Education and Joshua Laub

Plaintiff Jayquan Brown appeals from a judgment entered on December 13, 2012, in the United States District Court for the Southern District of New York (Paul A. Crotty, Judge), in favor of defendants the New York City Department of Education (‚DOE‛) and DOE principal Joshua Laub. The district court awarded DOE summary judgment on Brown’s federal claim for relief under the Fair Labor Standard... More...   $0 (06-18-2014 - NY)

Samuel Duran v. U.S. Bank National Association

We encounter here an exceedingly rare beast: a wage and hour class action that proceeded through trial to verdict. Loan officers for U.S. Bank National Association (USB) sued for unpaid overtime, claiming they had been misclassified as exempt employees under the outside salesperson exemption. (Lab. Code, § 1171.) This exemption applies to employees who spend more than 50 percent of the workday en... More...   $0 (05-29-2014 - CA)

Chester Rouse v. Grand River Dam Authority and Daniel S. Sullivan

¶1 On February 25, 2013, Chester Rouse filed a wrongful termination suit against the Grand River Dam Authority (GRDA) and Daniel S. Sullivan. The petition alleged GRDA and Mr. Sullivan terminated Mr. Rouse on February 17, 2012, in retaliation for filing an overtime complaint under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 through § 219. Retaliation for filing such a complaint is forb... More...   $0 (05-20-2014 - OK)

Henry Jong v. Kaiser Foundation Health Plan, Inc.

Plaintiff Henry Jong appeals from a summary judgment entered against him in his action for unpaid overtime for alleged “off-the-clock” work as an hourly “Outpatient Pharmacy Manager” (OPM) for Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (collectively, Kaiser). He contends the trial court erroneously held his proffered evidence insufficient to create a triable issue ... More...   $0 (05-20-2014 - CA)

Charles David v. Unified School District 500

Charles Davis has been employed as a custodian with Unified School District No. 500 (“USD 500”) since 1991. In 2007, the school board considered a recommendation to terminate his employment when he was found lying naked on his stomach, sunbathing on the roof of the elementary school where he worked. Instead, the Board decided upon a suspension without pay for thirty days and demoted him from h... More...   $0 (05-05-2014 - KS)

Gregory Saffer v. JP Morgan Chase Bank

Plaintiff and appellant Gregory Saffer worked for Washington Mutual Bank (WaMu) between May 2007 and January 2008. In September 2008, WaMu failed. In short order, the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver for the bank, and JP Morgan Chase Bank, N.A. (JPMC) purchased some of WaMu’s assets and liabilities. The FDIC published notices informing creditors that claims ... More...   $0 (04-29-2014 - CA)

El Paisano Northwest Highway, Inc. v. Irma Arzate

Appellant El Paisano Northwest Highway, Inc. asserts seven issues in its appeal of a no-answer default judgment entered in favor of appellee Irma Arzate. In its first issue, El Paisano complains the trial court erred by granting Arzate’s motion for default judgment; in its remaining issues, it contends the trial court erred by denying its motion for new trial. The background of the case and the ... More...   $0 (04-14-2014 - TX)

Tina R. Haro v. City of Los Angeles

Because of an exemption written into the Fair Labor Standards Act (“FLSA”), Los Angeles City employees “engaged in fire protection” (i.e. firefighters) do not receive standard overtime pay—time and a half for all hours worked over forty in one workweek. Instead, firefighters receive overtime only after working 212 hours in a twenty-eight-day period.

Plaintiff fire department dispa... More...
   $0 (03-18-2014 - CA)

Calvin Barton v. House of Raeford Farmers, Inc. d/b/a Columbia Farms

Numerous former employees and some current employees of House of Raeford Farms, Inc., d/b/a Columbia Farms, Inc., (“Columbia Farms”), a chicken processor in Greenville, South Carolina, commenced three separate actions against Columbia Farms, asserting two types of claims: first, for the payment of unpaid wages, withheld in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 20... More...   $0 (03-12-2014 - SC)

Diego Gaines v. K-Five Construction Corporation

In the final days of his employment at K-Five Construction, Diego Gaines questioned the roadworthiness of two different trucks that he was assigned to drive. Management took steps to address Gaines’s concerns,

* Of the Central District of Illinois, sitting by designation.

2 No. 12-2249

but the trucks never reached the level of safety sought by Gaines. On his last Friday, he ... More...
   $0 (01-03-2014 - IL)

Joseph Travers v. Flight Services & Systems, Inc.

Appellee Flight Services fired Appellant Joseph Travers as he pursued a lawsuit against the company under the Fair Labor Standards Act ("FLSA"). Flight Services says it terminated Travers for violating company policy. Travers says he was fired in retaliation for his FLSA lawsuit. Because a reasonable jury could return a verdict for Travers without relying on improbable inferences or unsupported s... More...   $0 (12-12-2013 - MA)

Miguel G. Perez v. AC Roosevelt Food Corporation

16 AC Roosevelt Food Corporation and Antonio Collado appeal from an
17 August 13, 2012 order of the United States District Court for the Eastern District
18 of New York (John Gleeson, Judge), as memorialized in a January 7, 2013
19 judgment, granting Miguel Perez’s motion for attorneys’ fees. We hold that (1) a
20 final order solely on the issue of attorneys’ fees is appealab... More...
   $0 (12-10-2013 - NY)

Shannon Owens v. Marstek, L.L.C.

In this Fair Labor Standards Act case, Plaintiffs–Appellees Shannon Owens Ferrell and Micah Pack claim that they were not properly compensated for the overtime hours they worked at Marstek, L.L.C., and SKCMK, L.L.C., both doing business as “Condom Sense.” The district court granted summary

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be publi... More...
   $0 (12-05-2013 - TX)

Thomas Blanchar v. Standard Insurance Company

Thomas Blanchar (“Blanchar”) brought suit against Standard Insurance Company (“The Standard”) to recover overtime pursuant to the Fair Labor Standards Act (“FLSA”). 29 U.S.C. § 201 et seq. The Standard moved for summary judgment, arguing that Blanchar qualified as a bona fide administrative employee, and so was exempt from the FLSA’s overtime requirement. The district court

2... More...
   $0 (12-02-2013 - IN)

Victor Rivera Rivera v. Peri & Sons, Inc.

We are asked to decide claims of Mexican temporary farmworkers under the Fair Labor Standards Act and relevant state law.

I

A

Peri & Sons is a Nevada corporation that produces, harvests, and packages onions.1 The plaintiffs are Victor Rivera Rivera and twenty-three other Mexican citizens (“the farmworkers”) admitted to the United States to cultivate, harvest, and process o... More...
   $0 (11-14-2013 - NV)

Steve Moore v. Citgo Refining and Chemicals Company, L.P.

Console supervisors at a refinery alleged that their employer, CITGO Refining and Chemicals Company, L.P. (“CITGO”), misclassified them as exempt from the overtime pay requirements of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201–219. In two separate discovery sanctions, the district court dismissed twenty-one of twenty-four plaintiffs.1 After granting CITGO’s motion to exc... More...   $0 (11-12-2013 - TX)

Miguel G. Perez v. AC Roosevelt Food Corporation

16 AC Roosevelt Food Corporation and Antonio Collado appeal from an
17 August 13, 2012 order of the United States District Court for the Eastern District
18 of New York (John Gleeson, Judge), as memorialized in a January 7, 2013
19 judgment, granting Miguel Perez’s motion for attorneys’ fees. Because the entry
20 of judgment did not restart the time to appeal, we DISMISS the ap... More...
   $0 (11-06-2013 - NY)

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