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, rea

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 th

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.
Bu

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

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

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

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

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

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, Se

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

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 <

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 fo

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

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, Gar

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 T

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

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 a

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

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

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

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.

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

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, 201

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 brou

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