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Ramirez v. New Mexico Children, Youth and Families Department

Congress enacted USERRA to encourage noncareer military service, to
7 minimize disruptions in the lives and communities of those who serve in the
8 uniformed services, and “to prohibit discrimination against persons because of their
9 service in the uniformed services.” 38 U.S.C. § 4301(a)(1)-(3). Congress created
10 USERRA pursuant to its War Powers set forth in Article I, Section... More...
   $0 (04-16-2016 - NM)

United Food v. Hormel Foods Corporation

This is an appeal from a
judgment and order of the circuit court for Rock County, Michael
R. Fitzpatrick, Judge, in favor of United Food & Commercial
Workers Union, Local 1473 (and various individuals1), the
1 Dennis A. Warne, Charles R. Seeley, and Pamela Collins join as plaintiffs. We refer only to the Union as the plaintiff ... More...
   $0 (03-01-2016 - WI)

Lalli v. General Nutrition Corporation

The facts of the case are quite straightforward. GNC
sells health and wellness products through company-owned stores
throughout the United States. Lalli was a store manager at a GNC
store in Massachusetts. As a store manager, Lalli earned a
guaranteed weekly salary regardless of the hours worked that week
and a non-discretionary sales commission that varied based upon <... More...
   $0 (02-14-2016 - MA)

Harrison v. Granite Bay Care, Inc

This case requires us to, once again, interpret and apply Maine's Whistleblower Protection Act,
Me. Rev. Stat. tit. 26, § 833. Appellant Torrey Harrison
("Harrison"), a social worker, wants to be able to tell a jury
that appellee Granite Bay Care, Inc. ("Granite Bay") illegally
fired her in violation of that statute. Her theory is Granite Bay
was getting back at her for... More...
   $0 (01-14-2016 - ME)

Nancy Williams v. GENEX Services, LLC

The FLSA protects “all covered workers from substandard wages and oppressive working hours.” Barrentine v. ArkansasBest Freight Sys., Inc., 450 U.S. 728, 739 (1981); see also 29 U.S.C. § 202(a) (noting that the FLSA protects “the minimum standard of living necessary for health, efficiency, and general well-being of workers”). Toward these ends, the FLSA establishes the general rule that employer... More...   $0 (12-21-2015 - MD)

JIMENEZ et al v. R & D MASONRY, INC. et al

According to the facts presented in the Amended Complaint, which must at this stage be
presumed true, Plaintiffs Jimenez, Garcia, and Abarca began working as masons for Defendants
in February 2015, approximately 2011, and approximately 2010, respectively. See Am. Compl.,
¶¶ 20-22. Jimenez worked on job sites in the District of Columbia for approximately 10% of his
time, Garci... More...
   $0 (11-20-2015 - DC)

Tyson Foods, Inc. v. Bouaphakeo

Plaintiffs Dale Sharp, et al., filed a "Class Action and Representative Action Complaint" against Defendant Tyson Foods, Inc., on February 6, 2007. Dkt. # 2. Plaintiffs bring two claims against Tyson: (1) a class action under Federal Rule of Civil Procedure 23 for Tyson's alleged violations of the Iowa Wage Payment Collection Law (IWPCL), and (2) a collective action under 29 U.S.C. § 216(b) for Ty... More...   $0 (11-14-2015 - DC)

John Barks v. Silver Bait, LLC

John Barks and Brenda Hoffman appeal the district
court’s declaratory judgment, entered after a bench trial, holding that the term “agriculture” in
the Fair Labor Standards Act (FLSA) includes the activities of their former employer, Silver Bait
LLC (Silver Bait), in growing and raising worms for sale as fishing bait. We AFFIRM.
No. 15-5175 Barks, et al. v. Silver Bait, et al. Page... More...
   $0 (10-02-2015 - TN)

Elizabeth Beaulieu v. State of Vermont

3 Plaintiffs, who are 704 current and former employees of the State of Vermont, appeal from
4 the dismissal of the action by the United States District Court for the District of Vermont
5 (Sessions, J.) by reason of Vermont’s sovereign immunity. The complaint alleges violations of the
6 Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq. (“FLSA”), and seeks declaratory and
7... More...
   $0 (09-16-2015 - VT)

Donald R. Naylor v. Securiguard, Inc.

Meal breaks have been a cherished feature of the American workday since the Industrial Revolution transformed the life of workers more than a century ago. See generally Lunch Hour NYC, New York Public Library (June 22, 2012), http://www.nypl.org/audiovideo/lunch-hour-nyc (detailing the evolution of fixed meal hours since their introduction in the mid-1800s).
United States Court of Appeals
... More...
   $0 (09-15-2015 - MS)

Steve Balestrieri v. Menlo Park Fire Protection District

This is a firefighters’ overtime dispute.
Firefighters and emergency medical personnel of the
Menlo Park Fire Protection District claim that two of the
District’s policies violate the Fair Labor Standards Act. They
claim entitlement to overtime for taking their gear to
temporary duty stations. And they claim that the District’s
system for paying cash in lieu of unused leave... More...
   $0 (09-04-2015 - CA)

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
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)

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