John Orton appeals from the district court's dismissal of his claims against Johnny's Lunch Franchise, LLC, and Anthony Calamunci for unpaid wages and expenses from August 2008 to December 2008. Orton sued under the Fair Labor Standards Act ("FLSA”), 29 U.S.C. §§ 201, et seq., and various state laws. The district court granted the defendants' motion to dismiss the FLSA claim on the gro

When a prevailing party is entitled to "a reasonable attorney's fee,” see, e.g., 42 U.S.C. § 1988; 29 U.S.C. § 216(b), the district court must make that assessment, at least initially, based on a calculation of the "lodestar”—the hours reasonably expended multiplied by the reasonable hourly rate—and nothing else.

See Pickett v. Sheridan Health Care, ___ F.3d

Synthia Ross, James Kapsa, and Sharon Wells1 filed this class action against RBS Citizens, N.A. doing business as Charter One (a related entity, Citizens Financial Group, Inc. is also named but for simplicity, it need not be mentioned) for allegedly violating the Fair Labor Standards Act, 29 U.S.C. § 216(b), and the Illinois Minimum Wage Law ("IMWL”), 820 ILCS § 105/1 et seq. The centr

Plaintiffs, officers in a private security force that protects Los Alamos National Laboratory, contend that their employer Day and Zimmerman, LLC, and SOC, LLC, (collectively "SOC”) improperly classified them as exempt employees under the Fair Labor Standards Act ("FLSA”), 28 U.S.C. § 201 et seq. Ruling on their contentions, the district court concluded that all plaintiffs were exem

Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar's pre-shift activities were "preliminary,” that any work Kellar performed before her shift was "de minimis,” and that

Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar's pre-shift activities were "preliminary,” that any work Kellar performed before her shift was "de minimis,” and that

Oracle Corporation ("Oracle”), a large software company, has employed hundreds of workers to train Oracle customers in the use of its software. During the period relevant to this suit, Oracle classified these workers as teachers who were not entitled to compensation for overtime work under either federal or California law. Three nonresidents of California brought a would-be class action agai

The Age Discrimination in Employment Act of 1967 (ADEA or Act), as amended, makes it unlawful for an employer, including a State, to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual a because of such individuals age. 29 U.S.C. 623(a)(1). Petitioners, three sets of plaintiffs, filed suit under the ADEA against respondents, their state employers.

Christine Hines originally brought this action in Massachusetts state court against the State Room, Inc., where she formerly was employed. In the amended complaint, which was before the district court following removal, Ms. Hines and her coplaintiffs sought unpaid overtime wages that they claimed were due under the Fair Labor Standards Act ("FLSA”), 29 U.S.C. §§ 201-219, and r

This is a Fair Labor Standards Act case. Luis Carlos Josendis sued his former employer, Wall to Wall Residence Repairs, Inc.,1 for unpaid overtime and back wages pursuant to the Fair Labor Standards Act of 1938 (the "FLSA”),2 its implementing regulations, and Florida law for unpaid overtime and back wages. Wall to Wall moved to dismiss the complaint pursuant to Federal Rule of Civil Procedur

Beverly H. Conrad ("Conrad”) appeals the trial court's grant of Waffle House, Inc.'s ("Waffle House”) motion for summary judgment. Finding no merit to Conrad's claim, we affirm.

Factual and Procedural History

On March 26, 2007, Conrad filed suit—on behalf of a purported class of employees who received tips—against Waffle House, Shirley Enterprise[s, Inc.] ("

22 Defendants-appellants, Smith & Wollensky Restaurant Group, Inc. (d/b/a Park Avenue
23 Restaurant), and Fourth Walls Restaurant LLC (d/b/a Park Avenue Restaurant) (collectively, "Park
24 Avenue”) appeal from a January 29, 2010, Order of the United States District Court for the
25 Southern District of New York (Cedarbaum, J.) granting a motion for class certification made,
2

One hundred sixty-six loan officer employees of Top Dot Mortgage sued the company on a Fair Labor Standards Act (FLSA) violation theory claiming that it created a created a pay plan which denied its loan officers minimum and overtime wages in violation of federal law, while its individual owners wrongfully added millions of dollars to their personal income.

Under the FLSA, employees are en

The Secretary of Labor1 has filed a complaint against the State of Washington, Department of Social and Health Services ("DSHS”), alleging that DSHS has failed to pay overtime compensation to certain social workers in violation of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq. ("FLSA”). The district court granted summary judgment in favor of DSHS, conclud

A.S.A.P. Fire & Safety Corporation and its owners Joseph Sheedy and Brian Cote (collectively "A.S.A.P."), appeal from a district court judgment. Fryer v. A.S.A.P. Fire & Safety Corp., No. 1:09-CV-10178 (D. Mass. Jan. 25, 2010) (Final Judgment). The district court awarded damages against A.S.A.P. for violating the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4311 et

Laura Symczyk sought relief under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 207 and 216(b), on behalf of herself and all others similarly situated. The District Court for the Eastern District of Pennsylvania dismissed Symczyk"s complaint for lack of subject matter jurisdiction after defendants Genesis HealthCare Corporation and ElderCare Resources Corporation extended an offer of jud

Judy Chou Chiung-Yu Wang ("Wang”) appeals the district court's dismissal of her claims against her former employer, Prudential Life Insurance Company and affiliated entities (collectively, "Prudential”), and several Prudential employees. On appeal, Wang argues that the district court erred by: (1) failing to convert the defendants' motion to dismiss into a motion for summary judgment;

Plaintiff Matthew Zelasko-Barrett, a former law clerk at the law firm of defendant Brayton-Purcell, LLP, appeals from an adverse summary judgment on his claim for failure to pay him overtime wages and provide other benefits allegedly required by California law. He alleges that the law firm incorrectly classified him as employed in a professional capacity, exempting the firm from the obligation to

Lisa Hicks worked for Chance Felling and his hotel management company, Avery Drei, LLC, as a security guard and then as a desk clerk during the construction and operation of a new hotel in the Indianapolis area. After being terminated from her job as a desk clerk, Hicks sued Felling and Avery Drei (the "Defendants”) seeking unpaid wages, overtime pay, and accrued vacation pay. The district c

Natalie Dellinger commenced this action under the Fair Labor Standards Act of 1938 ("FLSA") against Science Applications International Corporation which, she alleges, retaliated against her, in violation of the FLSA's antiretaliation provision, 29 U.S.C. § 215(a)(3), by refusing to hire her after learning that she had sued her former employer under the FLSA.

The district court granted Sc

After oral argument on appellant's motion for rehearing, the opinion of October 6, 2010, is vacated and the following is substituted in its place: The plaintiff Alvarado was employed as a maintenance person in a commercial office building operated by the appellee, Bayshore Grove Management, LLC. After he was discharged allegedly for excessive tardiness and absenteeism, he brought this two count ac

We must decide, inter alia, whether a rejected offer of judgment for the full amount of a putative class representative's individual claim moots a class action complaint where the offer precedes the filing of a motion for class certification.

We hold that it does not.

I

In April 2009, Gareth Pitts filed a class action complaint in Nevada state court against his employer, Terri

In this matter, we must decide whether an employer, who denies liability for nonpayment for overtime work, must pay attorney's fees and costs pursuant to 29 U.S.C. § 216(b) of the Fair Labor Standards Act ("FLSA”) if he tenders the full amount claimed by an employee where the trial court grants the employer's motion to dismiss the employee's complaint on mootness grounds. We conclude that

In August 2003, iStar Financial, Inc. ("iStar”) fired Kenneth Thomas. A year and a half later, Thomas sued iStar and one of his supervisors there, Ed Baron, (collectively "defendants”) for various violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and parallel provisions of the New York City Human Rights Law ("NYCHRL”), N.Y.C. Admin.

Cod

WDL Technologies, Inc. (WDL), through the actions of its board of directors, Mr. Alan Lange, Sr., Mr. Alan Lange, Jr., and Mr. Terrance Crane (collectively "Defendants”), invalidated Ms. Margaret C. Hayes's shares of stock in the company. Ms. Hayes petitioned for, inter alia, a declaration that her shares were valid. The circuit court ruled that Ms. Hayes's shares were valid, but only if she