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Date: 07-26-2023
Case Style:
Case Number: 3:18-cv-00372
Judge: Stacie F. Beckerman
Court: United States District Court for the District of Oregon (Multnomah County)
Plaintiff's Attorney: Jon Egan and Jim Vogele
Defendant's Attorney: Douglas S. Parker. Heather St. Clair, Ian Maher
Description: Portland, Oregon employment law lawyers represented Plaintiffs who sued Defendants on Fair Labor Standards Act violation theories.
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.
The FLSA was passed in 1938 by President Franklin D. Roosevelt as part of his New Deal program. The law was designed to protect the wages and working conditions of American workers.
The FLSA applies to most employees in the United States, but there are some exceptions. For example, the law does not apply to:
Employees who are paid on a commission basis
Executive, administrative, and professional employees
Employees who are employed in agriculture
Employees who are employed in the transportation industry
Employees who are employed in some retail and service industries
The FLSA sets a minimum wage of $7.25 per hour. However, some states have a higher minimum wage. For example, the minimum wage in California is $15 per hour.
The FLSA also requires employers to pay overtime pay to employees who work more than 40 hours in a workweek. Overtime pay is calculated at a rate of one and one-half times the employee's regular hourly rate.
The FLSA requires employers to keep certain records about their employees, such as their wages, hours worked, and overtime pay. These records must be kept for at least three years.
The FLSA also prohibits child labor. The law sets minimum age requirements for certain types of employment, and it also limits the number of hours that children under the age of 16 can work.
The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor. If an employer violates the FLSA, the employee may be able to file a complaint with the Wage and Hour Division. The Wage and Hour Division may investigate the complaint and, if it finds that the employer has violated the law, it may take enforcement action.
The FLSA is an important law that protects the wages and working conditions of American workers. If you believe that your employer is violating the FLSA, you should contact the Wage and Hour Division.
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Outcome: 07/25/2023 270 OPINION AND ORDER. With respect to Plaintiffs' FLSA claims and Defendants' defenses, the Court makes the findings of fact and conclusions of law stated in this Opinion and Order. The Court will enter a Judgment in Plaintiffs' favor and against Defendants on the claims and for the damages specified herein. IT IS SO ORDERED. Signed on 7/25/2023 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 07/25/2023)
07/25/2023 271 JUDGMENT: Judgment is entered in favor of Plaintiffs Carol Ferguson ("Ferguson") and Lynda Freeman ("Freeman") (together, "Plaintiffs") and the collective members, and against Defendants Maria Smith ("Smith") and Gladstone Auto, LLC and Carros, Inc., which respectively do business as Toyota of Gladstone and Mazda of Gladstone (together with Smith, "Defendants"), on Plaintiffs' claims for violations of the FLSA's minimum wage and overtime requirements. (See five-page judgment attached.) Signed on 7/25/2023 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 07/25/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: