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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 Plaintiffs 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 Chipotles policy to require employees to purchase slip-resistant shoes from a vendor, Shoes for Crews, in order to work at Chipotles 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)

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
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.
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.
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)

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