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FLSA Law
 
Skylar Gunn, William Harris, Candace Jowers v. NPC International, Inc.

Defendant NPC International, a Kansas corporation, operates Pizza Hut Restaurants in
numerous states across the country. In January 2013, five separate actions were commenced
against NPC in the Western District of Tennessee. All five were assigned to the same judge.
The plaintiffs in all five cases are represented by the same counsel. Each of the actions asserts
claims unde... More...
   $0 (08-30-2015 - TN)

David Montano v. Montrose Restauant Associates, Inc.

This case concerns coffee and tipping. Two waiters sued the Houston restaurant where they worked, claiming the restaurant violated federal law by requiring them to share tips with the restaurant’s “coffeeman.” The district court granted the restaurant’s motion for summary judgment, holding that, as a matter of law, the coffeeman was an employee who customarily and regularly received tips. Because ... More...   $0 (08-28-2015 - TX)

Linda Ash v. Anderson Merchandisers, LLC


Ash and Jewsome filed suit against Anderson Merchandisers, West AM, and AnConnect under the FLSA on April 21, 2014, on behalf of themselves and similarlysituated persons. The original complaint alleged that Anderson, West, and AnConnect, the plaintiffs’ employer, had violated the FLSA by failing to pay required overtime compensation. The defendants filed a motion to dismiss on May 23, 2014,... More...
   $0 (08-23-2015 - MO)

Vitali v. Reit Management & Research, LLC

The plaintiff, Donna Vitali, worked as a bookkeeper for the defendant, Reit Management and Research, LLC (company), a property management firm. She was paid by the hour and, pursuant to both statute and company policy, she was to be paid overtime at one and one-half times the regular rate for any
2
work done in excess of forty hours in a given week. See G. L. c. 151, § 1A. She broug... More...
   $0 (08-22-2015 - MA)

Bais Yaakov of Spring Valley v. ACT, Inc.

On certified interlocutory
review under 28 U.S.C. § 1292(b), we hold that a rejected and
withdrawn offer of settlement of the named plaintiff's individual
claims in a putative class action made before the named plaintiff
moved to certify a class did not divest the court of subject matter
jurisdiction by mooting the named plaintiff's claims.
I. Background
ACT, Inc., is a... More...
   $0 (08-21-2015 - MA)

Chen v. Major League Baseball Properties, Inc. et al.


  We draw the following facts from Chen’s first amended complaint 8
(“Complaint”) and the documents incorporated therein by reference. Fed. R. Civ. 9
P. 10(c); see Roth v. Jennnings, 489 F.3d 499, 509 (2d Cir. 2007) (“Documents that 10
are attached to the complaint or incorporated in it by reference are deemed part 11
of the pleading and may be considered.”). We accept the... More...
   $0 (08-14-2015 - NY)

John Chen v. Major League Baseball Properties, Inc.

5 Plaintiff‐Appellant John Chen brought suit against Major League Baseball
6 Properties, Inc. and the Office of the Commissioner of Baseball (“Defendants”)
7 alleging violations of the minimum wage and recordkeeping provisions of the
8 Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq., and the New York
9 Labor Law (“NYLL”), §§ 190 et seq. & 650 et seq. Chen alleged ... More...
   $0 (08-14-2015 - NY)

Miroslaw Gortat v. Capala Brothers, Inc.

Brooklyn, NY - Second Circuit holds that expert witness fees may not be awarded in FSLA cases

23 After nearly seven years of litigation between Miroslaw Gortat, Henryk
24 Bienkowski, Miroslaw Filipkowski, Artur Lapinski, and Jan Swaltek, acting on
25 behalf of themselves and others similarly situated (collectively, “Plaintiffs”), and
26 Capala Brothers, Inc., Pawel Capala, and... More...
   $0 (07-30-2015 - )

Patricio David Trejo v. Ryman Hospitality Properties, Inc.

Baltimore, MD - Fourth Circuit holds that FSLA applies only to minium or overtime wages and not to tips

Mohammad Sazzad and Anthony Gomes (the Plaintiffs)1 brought this action against their employers, Ryman Hospitality Properties Inc., and Marriott International, Inc. (the Defendants), alleging violations of the tip-credit provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203(... More...
   $0 (07-29-2015 - MD)

Robert Lewis v. Cavalry Portfolio Services, LLC

Tulsa, OK - Robert Lewis sued Cavalry Portfolio Services, LLC on a wrongful termination theory claiming:

1. This is an action against Plaintiff’s employer for retaliatory employment discharge due to Plaintiff engaging in protected investigation and reporting per Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act (FLSA), Title 40 O.S. § 199 and breach of contract.
2. P... More...
   $1 (07-24-2015 - OK)

Safeway, Inc. v. The Superior Court of Los Angeles County

In 2007, the initial class action complaint was filed in the underlying action. In February 2009, real parties Enrique Esparza, Cathy Burns, Sylvia Vezaldenos, and Levon Thaxton II filed their second amended complaint, asserting claims for failure to provide meal and rest breaks (Lab. Code, §§ 226.7, 512), failure to provide itemized pay statements (Lab. Code, § 226), unfair business practices un... More...   $0 (07-23-2015 - CA)

Gabriel F. Martinez v. Victor F. Petrenko

To maintain a private action
under the Fair Labor Standards Act ("FLSA" or "the Act") for a
failure to pay for overtime at the mandated rate, an employee must
prove a nexus to interstate commerce sufficient to trigger coverage
under the Act. The employee can prove this nexus by showing that
the employee engaged in commerce for the employer within the
meaning of the Act, or ... More...
   $0 (07-06-2015 - NH)

Gate Guard Services, L.P. v. Thomas E. Perez

It is often better to acknowledge an obvious mistake than defend it. When the government acknowledges mistakes, it preserves public trust and confidence. It can start to repair the damage done by erroneously, indeed vindictively, attempting to sanction an innocent business. Rather than acknowledge its mistakes, however, the government here chose to defend the indefensible in an indefensible manner... More...   $0 (07-02-2015 - TX)

Eric Glatt v. Fox Searchlight Pictures, Inc.

Plaintiffs, who were hired as unpaid interns, claim compensation as
employees under the Fair Labor Standards Act and New York Labor Law.
Plaintiffs Eric Glatt and Alexander Footman moved for partial summary
judgment on their employment status. Plaintiff Eden Antalik moved to
certify a class of all New York interns working at certain of defendants’
divisions between 2005 and 2... More...
   $0 (07-02-2015 - NY)

Corina Munoz v. Chipotle Mexican Grill, Inc.

Plaintiffs Corina Munoz and Keresha Edwards appeal from an order denying certification of a class of approximately 26,000 nonexempt California current and former employees of defendant Chipotle Mexican Grill, Inc. (Chipotle) regarding what plaintiffs allege is Chipotle‘s policy to require employees to purchase slip-resistant shoes from a vendor, Shoes for Crews, in order to work at Chipotle‘s rest... More...   $0 (06-30-2015 - CA)

Eliot Cohen v. UBS Financial Services, Inc., UBS AG

Eliot Cohen, a financial advisor employed by UBS Financial Services, Inc.
(“UBS”), consented by contract to arbitrate “claims concerning compensation,
benefits or other terms or conditions of employment” before the Financial
Industry Regulatory Authority (“FINRA”), and to waive “any right to commence,
be a party to or an actual or putative class member of any class or... More...
   $0 (06-20-2015 - NY)

Volo Khalatian v. Prime Time Shuttle, Inc.

Defendants Prime Time Shuttle, Inc. (Prime Time), Rideshare Airport
Management, LLC, formerly known as Rideshare Port Management, LLC, and Rattan
Joea appeal a trial court order denying their motion to compel arbitration of claims based
on the alleged misclassification of plaintiff Valo Khalatian as an independent contractor
rather than an employee. We find the Federal Arbitration ... More...
   $0 (06-09-2015 - CA)

Debbra Ellis v. Premier Community Services, Inc.

Tulsa, OK - Debbra Ellis sued Premier Community Services, Inc., Van Benton and Rochelle Saunders on a fair labor standards act violation theory claiming:

1 Plaintiff was at all times pertinent to this action, employed by Defendants within
Tulsa County, Oklahoma Furthermore Plaintiff is domiciled and resides within Tulsa County, Oklahoma.
2. Defendant Premier Community Services, In... More...
   $1 (06-02-2015 - OK)

Darriest Likes v. DHL Express (USA), Inc.

In this putative class action, plaintiff Darriest Likes1 appeals the district
court’s entry of summary judgment in favor of DHL. Mr. Likes alleges that DHL
violated the Worker Adjustment and Retraining Notification Act (“WARN Act”)
by failing to provide 60 days’ notice before Mr. Likes was laid off from his job at
DHL’s Birmingham delivery facility. After careful review, ... More...
   $0 (05-29-2015 - AL)

Kevin Hanlin v. Cavalry Portfolio Services and Patrick Lopez

Tulsa, OK - Kevin Hanlin sued Cavalry Portfolio Services and Patrick Lopez on employment law theories claiming:

1. This is an action against Plaintiff’s employer and fonner supervisor for retaliatory bonus deprivation and harassment due to Plaintiff engaging in protected investigation and reporting per Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act (FLSA), Title 40 ... More...
   $0 (05-15-2015 - OK)

United States Department of Labor v. Jan Charles Gray

Piere, SD - The United States Attorney’s Office (USAO) and the United States Department of Labor (DOL) recently secured a consent judgment of over $8,000.00 and a permanent injunction in South Dakota District Court, ordering Jan Charles Gray and his businesses in Custer, South Dakota, to comply with the Fair Labor Standards Act (FLSA) and to pay back wages and overtime pay owed to former employe... More...   $0 (04-17-2015 - SD)

Hector Navarro v. Encino Motorcars, L.L.C.

We consider here a question of first impression for our
circuit: Are “service advisors” who work at a car dealership
exempt from the overtime pay requirements of the Fair Labor
Standards Act (FLSA) of 1938, 29 U.S.C. §§ 201–219, under
29 U.S.C. § 213(b)(10)(A), which exempts “any salesman,
partsman, or mechanic primarily engaged in selling or
servicing automobile... More...
   $0 (03-24-2015 - CA)

Jeffrey Stein, D.D.S., M.S.D., P.A. v. Buccaneers Limited Partnership

This case presents the question whether a defendant may moot a class action through an unaccepted Federal Rule of Civil Procedure 68 offer of complete relief to the named plaintiffs—but not to class members—before the named plaintiffs move to certify the class. In the circumstances of this case, the answer is no. We join the majority of circuits that have addressed the issue.

I. The P... More...
   $0 (12-01-2014 - FL)

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)

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