In this appeal, we consider the enforceability of an arbitration clause included in a franchise agreement between the plaintiff, Samuel Muriithi, and the defendant, Shuttle Express, Inc. The district court refused to compel arbitration based on three provisions in the franchise agreement that the court found were unconscionable: (1) a class action waiver; (2) a requirement that the parties "split"

Before us are appeals in two closely related collective actions for overtime pay under the Fair Labor Standards Act; for simplicity we'll pretend that they are just one suit and that there is just one appeal. The original named defendants were JT Packard & Associates, the plaintiffs' employer, and Packard's parent, S.R. Bray Corp. We don't know why the parent was made a defendant. It was not the p

Billy Wadsworth sued Wedge Measurement Systems, Inc. on wrongful termination and retaliation theories claiming:

1. That Defendant is a foreign limited liability company, as registered with the
Okiahoma Secretary of State's office, and located in Tulsa County, Oklahoma.

2. That Plaintiff is an individual and former employee of Defendant and was employed with Defendant the last

This is an appeal from a judgment awarding unpaid wages and liquidated damages under the Fair Labor Standards Act ("FLSA”). Appellees challenge the judgment itself, as well as the district court's denial of their post-trial motions under Federal Rules of Civil Procedure 50(b) and 59(e). For the reasons that follow, we affirm.

I. BACKGROUND

Mario Feliciano and Augustin Milan

2 Plaintiffs, a respiratory therapist and two nurses,
3 allege that the Catholic Health System of Long Island Inc.,
4 a collection of hospitals, healthcare providers, and related
5 entities (collectively, "CHS”), failed to compensate them
6 adequately for time worked during meal breaks, before and
7 after scheduled shifts, and during required training
8 sessions. They

Jenna Wood sued her former employer SatCom Marketing, LLC ("SatCom") alleging violations of the Minnesota Whistleblower Act, Minnesota Human Rights Act, common law of wrongful termination, and Fair Labor Standards Act. Finding Wood had failed to establish a prima facie case of retaliation under each statute and the common law, the district court1 granted summary judgment in favor of SatCom. We aff

Petitioner Adelina Tapia Guerrero was employed to provide in-home support services (IHSS) to eligible recipients in Sonoma County (County) under the In-Home Support Services Act. (Welf. & Inst. Code, § 12300 et seq.1) She was never paid for any of the services she rendered to program recipient Alejandra Buenrostro from November 4, 2008 through January 29, 2009, despite a comprehensive scheme of

[¶1] Jamie Fuhrmann appeals from the entry of a summary judgment in favor of Staples the Office Superstore East, Inc., by the Superior Court (York County, Fritzsche, J.) and the court's dismissal of her claims against four individual supervisors, Christian Steppe, John LeMieux, Matthew Auger, and Annette Rodick, for whistleblower discrimination pursuant to the Whistleblowers' Protection Act (WPA)

Bristol Care, Inc., ("Bristol Care”) appeals the denial of its motion to compel arbitration in a suit initiated by its former employee Sharon Owen asserting claims under the Fair Labor Standards Act ("FLSA”) and seeking class action certification on behalf of other similarly situated current and former employees. Bristol Care contends that the district court incorrectly held that the M

Plaintiff-Appellant Frank Brown filed this action against his former employer Defendant-Appellee ScriptPro, LLC, alleging violations of the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and Title VII of the Civil Rights Act of 1964 based on his termination in November 2008. The district court granted summary judgment in favor of ScriptPro, and Mr. Brown appeals. See Brown v

Plaintiff Margaret White appeals the district court rulings that granted summary judgment for Defendant Baptist Memorial Health Care Corp. (Baptist) and decertified her class action against Baptist. She argues the district court incorrectly held that Baptist's policy for compensating hourly employees for missed meal breaks was lawful under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 20

These appeals, heard in tandem, challenge awards of summary judgment entered in the United States District Court for the Southern District of New York (Laura Taylor Swain, Judge), in favor of defendant Starbucks Corporation on plaintiffs' complaints that Starbucks violates New York Labor Law § 196-d in the distribution of tip pools maintained at stores in New York State. In each store, Starbuck

This is an action brought by appellee, James A. Robinson, to enforce the judgment entered in his favor in Robinson v. Texas Workforce Commission and Tryco Enterprises, Inc., No. 2000-32376, in the 113th District Court of Harris County, Texas ("the FLSA suit”). Appellants, Tryco Enterprises, Inc. ("Tryco”), Sharon C. Dixon, James Dixon, Crown Staffing, Inc. ("Crown Staffing”), and

Oscar Bell and other truck drivers filed a class action complaint against H.F. Cox, Inc. (Cox), alleging wage and hour violations.1 The trial court summarily adjudicated three counts in favor of Cox, a jury found in favor of Cox on another count and the trial court found that plaintiffs were exempt from federal overtime compensation requirements. Plaintiffs appeal the judgment challenging the orde

¶ 1. BURGESS, J. Plaintiff Kevin Turnley appeals the Windham Civil Division's grant of summary judgment in favor of defendant Town of Vernon. Plaintiff, formerly the Town's Chief of Police, claims that he is entitled to receive overtime pay under the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a)(1), which entitles nonexempt employees to overtime pay for time worked

This suit was brought in the U.S. District Court for the District of New Jersey by Wal-Mart cleaning crew members who are seeking compensation for unpaid overtime and certification of a collective action under the Fair Labor Standards Act (FLSA), civil damages under RICO, and damages for false imprisonment. The workers – illegal immigrants who took jobs with contractors and subcontractors W

Plaintiff-appellant Edward Donnelly, a high school teacher, sued defendantsappellees – the Greenburgh Central School District No. 7, his former employer, and three of his supervisors there (collectively "the District,” unless otherwise noted) – in the United States District Court for the Southern District of New York (Lewis A. Kaplan, Judge). Donnelly alleged inter alia that th

26 This is an appeal from the district court's grant of summary judgment against the plaintiff
27 and its prior grant of a motion to dismiss one count of the amended complaint. Plaintiff-
28 Appellant Linda Velez ("Velez”) brought this action against Betsy Sanchez ("Sanchez”),
29 Sanchez's sister Shari Munoz, and Sanchez's and Shari's mother Yolanda Munoz under the
30 A

Appellants John T. Martin ("J. T. Martin”), Johnathon R. Martin ("J. R. Martin”), Bradley D. Keyes ("Keyes”), and Marty Boger ("Boger”) appeal the district court's grant of summary judgment on their Fair Labor Standards Act ("FLSA”) claims in favor of Appellees Spring Break '83 Louisiana, L.L.C. ("Spring Break Louisiana”), Mars Callahan ("Callahan”), Georg

Plaintiffs-appellants Luis Ramos, Herber Martinez, Leobardo Moreno, Wilner Dubon, Sergio Calderon, Jose Barranco, Oswaldo Erazo, and Mariano Castro ("plaintiffs”), proceeding individually and on behalf of other "similarly situated” employees working the night shift in a warehouse operated by defendants-appellees 1 Like the FLSA, the NYLL "mandates overtime pay and applies the same exem

Gary Lederman sued his former employer, Frontier Fire Protection, Inc., to recover overtime pay he alleged was owed to him under the Fair Labor Standards Act (FLSA). A jury found Frontier liable and awarded Lederman $17,440.86 in damages. Frontier challenges the jury instructions issued by the district court. Because we find the district court should not have instructed the jury that Frontier bore

Martha Hoover, plaintiff and respondent, worked as a sales agent for about four months for American Income Life Insurance Company (AIL), defendant and appellant. AIL appeals from an order denying its petition to compel arbitration of Hoover"s civil action based on various Labor Code statutes. (Code Civ. Proc., § 1294, subd. (a).)

The underlying issue, which we do not resolve in this appe

These two cases, which we have consolidated for opinion, involve the application of the outside sales and administrative exemptions of the Fair Labor Standards Act ("FLSA” or the "Act”), 29 U.S.C. §§ 201-19, to pharmaceutical sales representatives employed by Eli Lilly & Co. ("Lilly”) and Abbott Laboratories, Inc. ("Abbott”). The plaintiffs in each case claim that, du

¶1 Oliver Arlington (Arlington) appeals from the Memorandum and Order on Petition for Leave to Present Additional Evidence and Petition for Judicial Review (Order), entered by the Third Judicial District Court of Granite County, Montana. The Order denied Arlington's petition to present additional evidence and affirmed the dismissal by the Montana Department of Labor and Industry (Department) of A

This appeal embraces two of the many private lawsuits brought against healthcare providers throughout the country by a single law firm. These two suits, like others of the same pattern, allege that various hospital employees who work for the particular hospital or hospital group have been deprived of compensation for work performed during their meal break, for work performed before and after shift