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FLSA Law
 
Michael Souryavong v. Lackawanna County Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

This employee-overtime appeal raises questions as to
the nature of the evidence that is sufficient to create a jury
question on the purported “willfulness” of an employer’s nonpayment
of overtime. The question matters because a finding
of willfulness expands the limitations period for claims under
the Fair Labor Standards Act (“FLSA”), in effect permitting a
plaintiff to re... More...
   $0 (09-25-2017 - PA)

Melissa Patino-Perez, Individually and as Representative of the Estate of Marcelino Patino, Maria Patino-Perez and Ector Patino v. Nicholas K. Howland

Appellants, Melissa Patino-Perez, individually and as representative of the estate of Marcelino Patino, Maria Patino-Perez, and Ector Patino (collectively, “the Patinos”), challenge the trial court’s judgment, rendered after a trial to the court, in their suit for negligence and wrongful-death1 against appellee, Nicholas K. Howland. In four issues, the Patinos contend that the evidence is factuall... More...   $0 (08-22-2017 - TX)

Venita Hollins v. Regency Corporation and Hayes Baton

Regency Corporation operated forprofit
cosmetology schools in 20 states. Each Regency Beauty
Institute offered both classroom instruction and practical
instruction in a “Regency Salon,” where members of the
public could receive cosmetology services at low prices.
Venitia Hollins was a Regency student, first at its Merrillville,
2 No. 15‐3607
Indiana, location, and... More...
   $0 (08-17-2017 - IL)

Bridget Marlow v. The New Food Guy, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Plaintiff Bridgette Marlow sued her employer The New Food Guy, Inc., d/b/a
Relish Catering, under the Fair Labor Standards Act (FLSA). The FLSA requires
employers to pay a minimum wage of $7.25 per hour, see 29 U.S.C. § 206(a)(1)(C), plus
time and a half for overtime, see 29 U.S.C. § 207(a)(1). Relish paid Ms. Marlow $12 an
hour and $18 an hour for overtime. So what is the problem?... More...
   $0 (06-30-2017 - CO)

Ryan DeKeyser, et al. v. ThyssenKrupp Waupaca, Inc

Before us is an appeal by the defendant
(Waupaca for short) in a class action suit brought
against it in a federal district court in Wisconsin on behalf of
a number of the workers that it employs in six foundries that
manufacture ductile and gray cast iron parts for use in the
automotive and other industries. Four of the six foundries
are located in Wisconsin, and the remai... More...
   $0 (06-22-2017 - WI)

Edward Monroe, et al. v. FTS USA, LLC

Edward Monroe, Fabian Moore, and Timothy Williams brought this Fair Labor Standards Act (FLSA) claim, on behalf of themselves and others similarly situated, against their employers, FTS USA, LLC and its parent company, UniTek USA, LLC. FTS is a cable-television business for which the plaintiffs work or worked as cable technicians. The district court certified the case as an FLSA collective action,... More...   $0 (06-21-2017 - TN)

Ming-Hsiang Kao v. Joy Holiday

Plaintiff Ming-Hsiang Kao was employed by defendant Joy Holiday, a travel tour
company. He brought an action alleging, among other things, breach of contract and
violation of federal and state statutes regulating wages and overtime pay. After a bench
trial, the court ruled against Kao on his breach of contract and statutory claims but
awarded damages for unpaid labor under the equi... More...
   $0 (06-18-2017 - CA)

Tymeco Jones v. SCO Silver Care Operations, L.L.C. d/b/a Alaris Health at Cherry Hill

Plaintiffs, Tymeco Jones, Iesha Bullock, and Teairra Pizzarro, are certified nursing assistants who bring this action against their employer, SCO Silver Care Operations (“Silver Care”) for violations of the Fair Labor Standards Act (“FLSA”) and related New Jersey state wage and hour laws. The plaintiffs claim that Silver Care underpaid them for overtime in two ways. First, Silver Care failed to in... More...   $0 (05-23-2017 - NJ)

United States of America v. Howard Quoc Trinh Federal Courthouse - Los Angeles

Los Angeles, CA - Manager of Clothing Factory Sentenced to Prison after Offering Bribe to Federal Labor Investigator in Exchange for Closing Investigation

The general manager of a La Puente garment factory, who was found guilty of offering to pay bribes to an investigator with the United States Department of Labor in exchange for the investigator closing an investigation into wage violati... More...
   $0 (05-18-2017 - LA)

Luis Vega v. New Forest Home Cemetery, LLC

Luis Vega filed this suit alleging that
his former employer, New Forest Home Cemetery, LLC (“New
Forest”), by failing to pay him for his final two weeks of work,
violated his right under the Fair Labor Standards Act of 1938,
29 U.S.C. § 206(b), to compensation at the minimum wage. The
district court entered summary judgment in favor of New
2 No. 16-3119
Forest, reasonin... More...
   $0 (05-17-2017 - IL)

Kevin O'Connor, et al. v. Oakhurst Dairy; Dairy Farmers of America, Inc.

For want of a comma, we have
this case. It arises from a dispute between a Maine dairy
company and its delivery drivers, and it concerns the scope of
an exemption from Maine's overtime law. 26 M.R.S.A. § 664(3).
Specifically, if that exemption used a serial comma to mark off
the last of the activities that it lists, then the exemption
would clearly encompass an activity tha... More...
   $0 (03-17-2017 - ME)

Aarica Romero v. Top-Tier Colorado, LLC; Richard J. Warwick

In dismissing Aarica Romero’s minimum-wage claim under Fed. R. Civ.
P. 12(b)(6), the district court relied on a single, undisputed fact: Romero has never
alleged that she earned less than the federal minimum wage of $7.25 an hour—at
least after taking into account both (1) the cash wage that her employer paid her and
(2) all of the tips that she received each week.
But an... More...
   $0 (03-10-2017 - CO)

Leann Starnes v. Michael G. Wallace, et al.

The Fair Labor Standards Act (FLSA), passed during the New Deal to set a federal minimum wage for certain workers, is one of the earliest federal statutes to contain the antiretaliation provisions that in the years since have become common in employment laws (the contemporaneous National Labor Relations Act is another early example). The plaintiff brought this case contending that the antiretaliat... More...   $0 (02-26-2017 - TX)

Thomas E. Perez v. El Tequila, L.L.C. and Carlos Aguirre

Defendants-Appellants El Tequila, LLC, and Carlos Aguirre (collectively,
“El Tequila”) appeal from a $2,137,627.44 judgment in favor of Plaintiff-
Appellee, Secretary of the Department of Labor (Secretary). 3 Aplt. App. 352;
see also Perez v. El Tequila, LLC, No. 12-CV-588-JED-PJC, 2015 WL 4173541
(N.D. Okla. July 10, 2015) (partial summary judgment opinion and order). Our
juri... More...
   $0 (02-10-2017 - OK)

KEITH LUMRY v. STATE OF KANSAS, KANSAS BUREAU OF INVESTIGATION, CLINT HAWKINS, KELLY RALSTON, and ROBERT BLECHA

Due to the procedural posture, all facts and inferences that may be reasonably drawn from the evidence are resolved in Lumry's favor because the district court decided this case against him on summary judgment. Thoroughbred Assocs. v. Kansas City Royalty Co., 297 Kan. 1193, 1204, 308 P.3d 1238 (2013); O'Brien v. Leegin Creative Leather Products, Inc., 294 Kan. 318, 330, 277 P.3d 1062 (2012). Our f... More...   $0 (12-27-2016 - KS)

Rueli v. Baystate Health, Inc.

Plaintiffs are a putative class
of unionized nurses who sued their employer in state court for
unpaid wages and overtime pay for work performed outside their
approved shifts. Their employer removed the case to federal court,
citing the doctrine of complete preemption, under which claims
requiring interpretation of a collective bargaining agreement
("CBA") are reclass... More...
   $0 (08-23-2016 - MA)

Jacob Lewis v. Epic Systems Corporation

Epic Systems, a health care software
company, required certain groups of employees to agree to
bring any wage-and-hour claims against the company only
through individual arbitration. The agreement did not permit
* Of the Northern District of Illinois, sitting by designation.
2 No. 15-2997
collective arbitration or collective action in any other forum.
We conclude that... More...
   $0 (05-27-2016 - WI)

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)

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