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Date: 11-03-2023

Case Style:

Shirbartis Alston v. OM of Raleigh, Inc.

Case Number: 5:22-cv-00257

Judge: James C. Dever, III

Court: United States District Court for the Eastern District of North Carolina (Wake County)

Plaintiff's Attorney:

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Defendant's Attorney: Benjamian Paul Fryer

Description: Raleigh, North Carolina employment law lawyer represented the Plaintiff who sued the Defendant on a Fair Labor Standards Act violation.

"The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, recordkeeping, and child labor standards for full-time and part-time workers in the private sector and in federal, state, and local governments.

Key Provisions of the FLSA

Minimum wage: The federal minimum wage is $7.25 per hour, but some states and local governments have higher minimum wages. Employers must pay their employees the higher of the federal or state minimum wage.
Overtime pay: Covered nonexempt employees must be paid overtime pay at a rate of not less than one and one-half times their regular rate of pay for hours worked over 40 in a workweek. A workweek is any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods.
Recordkeeping: Employers must keep certain records about their employees, including their names, addresses, dates of birth, job titles, hourly rates of pay, and hours worked. These records must be kept for at least three years.
Child labor: The FLSA sets forth certain standards for the employment of minors. For example, children under the age of 14 are generally prohibited from working in most jobs. Children under the age of 16 are prohibited from working in certain hazardous jobs.


Some workers are exempt from the FLSA's minimum wage and overtime pay requirements. These exemptions include certain executive, administrative, professional, and outside sales employees.


The U.S. Department of Labor's Wage and Hour Division (WHD) enforces the FLSA. Employees who believe that their rights under the FLSA have been violated can file a complaint with the WHD. The WHD can investigate the complaint and take action against the employer, including requiring the employer to pay back wages and liquidated damages.

Employees' Rights

Employees have the following rights under the FLSA:

To be paid the minimum wage and overtime pay required by law.
To have their employer keep accurate records of their hours worked and wages paid.
To be free from retaliation for exercising their rights under the FLSA.


The FLSA is an important law that protects the rights of workers. Employees should be aware of their rights under the FLSA and take action if they believe that their rights have been violated."

Google Bard

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

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Defendant's Experts:


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