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 S

¶1 On February 25, 2013, Chester Rouse filed a wrongful termination suit against the Grand River Dam Authority (GRDA) and Daniel S. Sullivan. The petition alleged GRDA and Mr. Sullivan terminated Mr. Rouse on February 17, 2012, in retaliation for filing an overtime complaint under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 through § 219. Retaliation for filing such a complaint is

We encounter here an exceedingly rare beast: a wage and hour class action that proceeded through trial to verdict. Loan officers for U.S. Bank National Association (USB) sued for unpaid overtime, claiming they had been misclassified as exempt employees under the outside salesperson exemption. (Lab. Code, § 1171.) This exemption applies to employees who spend more than 50 percent of the workday

Plaintiff Henry Jong appeals from a summary judgment entered against him in his action for unpaid overtime for alleged "off-the-clock” work as an hourly "Outpatient Pharmacy Manager” (OPM) for Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (collectively, Kaiser). He contends the trial court erroneously held his proffered evidence insufficient to create a triable is

Charles Davis has been employed as a custodian with Unified School District No. 500 ("USD 500”) since 1991. In 2007, the school board considered a recommendation to terminate his employment when he was found lying naked on his stomach, sunbathing on the roof of the elementary school where he worked. Instead, the Board decided upon a suspension without pay for thirty days and demoted him from

Plaintiff and appellant Gregory Saffer worked for Washington Mutual Bank (WaMu) between May 2007 and January 2008. In September 2008, WaMu failed. In short order, the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver for the bank, and JP Morgan Chase Bank, N.A. (JPMC) purchased some of WaMu's assets and liabilities. The FDIC published notices informing creditors that claims ag

Appellant El Paisano Northwest Highway, Inc. asserts seven issues in its appeal of a no-answer default judgment entered in favor of appellee Irma Arzate. In its first issue, El Paisano complains the trial court erred by granting Arzate's motion for default judgment; in its remaining issues, it contends the trial court erred by denying its motion for new trial. The background of the case and the ev

Because of an exemption written into the Fair Labor Standards Act ("FLSA”), Los Angeles City employees "engaged in fire protection” (i.e. firefighters) do not receive standard overtime pay—time and a half for all hours worked over forty in one workweek. Instead, firefighters receive overtime only after working 212 hours in a twenty-eight-day period.

Plaintiff fire departm

Numerous former employees and some current employees of House of Raeford Farms, Inc., d/b/a Columbia Farms, Inc., ("Columbia Farms”), a chicken processor in Greenville, South Carolina, commenced three separate actions against Columbia Farms, asserting two types of claims: first, for the payment of unpaid wages, withheld in violation of the Fair Labor Standards Act ("FLSA”), 29 U.S.C. �

In the final days of his employment at K-Five Construction, Diego Gaines questioned the roadworthiness of two different trucks that he was assigned to drive. Management took steps to address Gaines's concerns,

* Of the Central District of Illinois, sitting by designation.

2 No. 12-2249

but the trucks never reached the level of safety sought by Gaines. On his last Friday, he in

Appellee Flight Services fired Appellant Joseph Travers as he pursued a lawsuit against the company under the Fair Labor Standards Act ("FLSA"). Flight Services says it terminated Travers for violating company policy. Travers says he was fired in retaliation for his FLSA lawsuit. Because a reasonable jury could return a verdict for Travers without relying on improbable inferences or unsupported s

16 AC Roosevelt Food Corporation and Antonio Collado appeal from an
17 August 13, 2012 order of the United States District Court for the Eastern District
18 of New York (John Gleeson, Judge), as memorialized in a January 7, 2013
19 judgment, granting Miguel Perez's motion for attorneys' fees. We hold that (1) a
20 final order solely on the issue of attorneys' fees is appealable wit

In this Fair Labor Standards Act case, Plaintiffs–Appellees Shannon Owens Ferrell and Micah Pack claim that they were not properly compensated for the overtime hours they worked at Marstek, L.L.C., and SKCMK, L.L.C., both doing business as "Condom Sense.” The district court granted summary

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not b

Thomas Blanchar ("Blanchar”) brought suit against Standard Insurance Company ("The Standard”) to recover overtime pursuant to the Fair Labor Standards Act ("FLSA”). 29 U.S.C. § 201 et seq. The Standard moved for summary judgment, arguing that Blanchar qualified as a bona fide administrative employee, and so was exempt from the FLSA's overtime requirement. The district court

We are asked to decide claims of Mexican temporary farmworkers under the Fair Labor Standards Act and relevant state law.

I

A

Peri & Sons is a Nevada corporation that produces, harvests, and packages onions.1 The plaintiffs are Victor Rivera Rivera and twenty-three other Mexican citizens ("the farmworkers”) admitted to the United States to cultivate, harvest, and process

Console supervisors at a refinery alleged that their employer, CITGO Refining and Chemicals Company, L.P. ("CITGO”), misclassified them as exempt from the overtime pay requirements of the Fair Labor Standards Act ("FLSA”), 29 U.S.C. §§ 201–219. In two separate discovery sanctions, the district court dismissed twenty-one of twenty-four plaintiffs.1 After granting CITGO's mo

16 AC Roosevelt Food Corporation and Antonio Collado appeal from an
17 August 13, 2012 order of the United States District Court for the Eastern District
18 of New York (John Gleeson, Judge), as memorialized in a January 7, 2013
19 judgment, granting Miguel Perez's motion for attorneys' fees. Because the entry
20 of judgment did not restart the time to appeal, we DISMISS the appeal

Ryan DeKeyser, Thomas Cooper, Harley Granius, and Carlos Lantz sued their employer, Thyssenkrupp Waupaca, Inc. ("Waupaca”), an iron casting manufacturer, alleging that Waupaca violated the Fair Labor Standards Act of 1938 ("FLSA”), 29 U.S.C. § 201 et seq., by not paying them overtime compensation for time they spent showering and changing clothes at Waupaca's foundries. They represe

Appellant, Raymond Michael Lee, sued his former employer, the Harris County Hospital District ("the District”), for discrimination, retaliation, and aiding and abetting discrimination under the Texas Commission on Human Rights Act ("TCHRA”). The trial court dismissed his discrimination and aiding and abetting

2

claims on the District's motion for summary judgment, and a j

In this sex discrimination and equal pay action filed pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and Section 216(b) of the Equal Pay Act of 1963, 29 U.S.C. § 206(d), Appellants appeal the district court's grant of Family Dollar Stores, Inc.'s ("Family Dollar”) motion to dismiss and/or strike class claims under Federal Rules of Civil Procedure 12(c), 12(f)

We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act ("FTCA”) may be equitably tolled. We hold
that § 2401(b) is not "jurisdictional,” and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FT

Plaintiffs Elizabeth Manning, Lisa Rivers, Rhonda Williams, and Reva McCarthy bring this wage-and-hour action against defendants Boston Medical Center Corporation ("BMC"), Elaine Ullian, and James Canavan. Current and former BMC employees, plaintiffs allege that defendants deprived them of their wages through the use of timekeeping policies and employment practices that required them to work thro

This case requires us to determine whether the Religious Freedom Restoration Act and the Free Exercise Clause protect the plaintiffs—two companies and their owners who run their businesses to reflect their religious values. The companies are Hobby Lobby, a craft store chain, and Mardel, a Christian bookstore chain. Their owners, the Greens, run both companies as closely held family business

Lockheed Martin Corp. ("Lockheed”) seeks to set aside a decision of the Administrative Review Board of the Department of Labor (the "ARB” or the "Board”) concluding Lockheed violated Section 806 of the Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley” or the "Act”). See 18 U.S.C. § 1514A(a). The Board affirmed the decision of an administrative law judge ("ALJ”), w

Brunna Martins appeals the trial court's order of final summary judgment in favor of her former employer, MRG of South Florida, Inc., on her complaint for violations of the Fair Labor Standards Act ("FLSA”). She claims that many material issues of fact remain as to whether she was paid less than the minimum hourly wage because of various practices of MRG. We agree that material issues remain