Plaintiffs-appellants Gamal Hanna, Nivine Elsharouny, Subhash Naik, and the Estate of Paulette Hamilton1 appeal from a judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge), dismissing, with prejudice, their complaint against defendants-appellees Scott O'Neill and the City of New York. Plaintiffs brought suit for employment discrimination under Titl

New York City and the New York City Police Department appeal from an order of United States District Court for the Southern District of New York (Scheindlin, J.) entered on March 21, 2008, and amended on April 10, 2008, preliminarily enjoining them from investigating and disciplining Plaintiff-Appellees based upon Plaintiff-Appellees' testimony or participation in this lawsuit. We conclude that he

The City of New York appeals from an order of the United States District Court for the Southern District of New York (Scheindlin, J.) awarding Thomas P. Puccio attorney's fees pursuant to section 216(b) of the Fair Labor Standards Act. Puccio cross-appeals. Because the district court did not explain the basis on which Puccio was excepted from the requirement that attorneys submit contemporaneous t

When an employer changes its shift schedule to accommodate its employees' scheduling desires, the employer may reduce the employee pay rate to pay its employees the same wages they received under the former schedule, so long as the rate reduction was not designed to circumvent the provisions (including overtime) of the Fair Labor Standards Act ("FLSA”).

1. BACKGROUND

Pomona Val

This case concerns the City of Oakland's ("City”) policy requiring police officers to repay a portion of their training costs if they voluntarily leave the City's employment before completing five years of service. Plaintiff-appellant Courtney Gordon was a police officer for the City who left her position after less than two years. She alleges that the City violated the minimum wage provisio

In this procedurally convoluted case, plaintiffs seek overtime wages they contend they were unlawfully denied by their employer. The plaintiffs apparently initially intended this case to be a nationwide "collective action” under § 216(b) of the Fair Labor Standards Act ("FLSA”), 29 U.S.C. § 216(b), through which employees seeking to recover under FLSA's substantive provisions may

Appellants Abatement Incorporated and Alan Manring[1] appeal from the trial court's judgment, entered after a jury trial, holding them jointly and severally liable for breach of an employment agreement with appellee Kyle Williams. In nine issues, Abatement and Manring argue that judgment was improper because the contract was unenforceable under the statute of frauds, the terms were too indefinite

Virginia Kinney refused a Rule 68 offer of judgment ($17,000) from her former employer whom she had sued on several grounds. She received a partial judgment for over $5,600 for an FLSA violation (and attorneys fees), then went to a bench trial on claims for discrimination and contract breach and lost. The court entered final judgment on the merits and subsequently denied her Rule 59 motions and gr

A group of hotel workers present in this country under H-2B visas ("the 2 Workers”) sued Decatur Hotels and Patrick Quinn (collectively "Decatur”) alleging violations of the Fair Labor Standards Act ("FLSA”). Decatur moved to dismiss and for summary judgment, and the Workers moved for partial summary judgment. In a single order, the district court granted the Workers' motion in p

This is Plaintiff Steven Abel's second appeal to this Court. Abel, a former driver of Defendant Southern Shuttle Services, Inc.'s airport shuttle vans, filed this action on behalf of himself and others similarly situated for alleged violations of the overtime pay provisions of the Fair Labor Standards Act ("FLSA”), 29 U.S.C. § 207(a)(1). In the first appeal, this Court vacated the distric

Chinese Daily News, Inc. ("CDN”), a Chinese-language newspaper, appeals the district court's judgment in an action brought by some of its California-based employees under the federal Fair Labor Standards Act ("FLSA”) and under California law. The district court certified the FLSA claim as a collective action. It certified the state-law claims as a class action under Rule 23(b)(2) and,

Plaintiffs-Appellants, truck drivers who operate commercial trucks, sued Defendants-Appellees Dillon Resources, Inc., Sunset Logistics, and Sunset Ennis in Texas state court for unpaid overtime under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a). Both sides moved for summary judgment as to whether the FLSA motor carrier exemption, 29 U.S.C. § 213(b), applies to Defendants. The dist

The Fair Labor Standards Act requires employers to pay workers for time spent donning and doffing "integral and indispensable” safety gear. See IBP, Inc. v. Alvarez, 546 U.S. 21 (2005); 29 U.S.C. §254. It also allows labor and management to vary this rule through collective bargaining:

Hours Worked.—In determining for the purposes of sections 206 and 207 of this title the

Although plaintiff Brenda Urnikis-Negro prevailed in her suit for overtime pay, she contends on appeal that the district court improperly calculated the amount of pay she is owed. After a bench trial, the district court found that defendants American Family Property Services and its owners and officers, Todd and Nichole Lash, violated the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. �

Shirley Edwards filed suit against her employer, A.H. Cornell and Son, Inc. ("A.H. Cornell”), and supervisors, Scott A. Cornell and Melissa J. Closterman, claiming that she was terminated in violation of Section 510 of the Employee Retirement Income Security Act of 1974 ("ERISA”) and state common law after complaining to management about alleged ERISA violations. The defendants filed a

Plaintiffs, seasonal agricultural workers, brought this action under Labor Code section 11941 and other theories to recover unpaid minimum wages. Plaintiffs contend the Industrial Welfare Commission's (IWC) wage order No. 14-2001, entitled ―Order Regulating Wages, Hours, and Working Conditions in the Agricultural Occupations‖ (Cal. Code Regs., tit. 8, § 11140), commonly known as W

The plaintiff, Tammy Schmidt, brought this action for monetary relief under the Fair Labor Standards Act ("FLSA”), alleging that she was not paid overtime due under the Act. The defendant, Eagle Waste and Recycling, Inc. ("Eagle”), moved for summary judgment, arguing that Schmidt was exempt from the act because she was either an "outside salesperson” or a combination of an "outsi

Ruth's Hospitality Group, the parent company of Ruth's Chris Steak House, is proud of its origins. The company boasts that forty-five years after its founder, Ruth Fertel, mortgaged her home to purchase her first restaurant, it has grown into a chain of more than 120 steakhouse restaurants in seven countries. Though it has become an international operation, the company insists that "our success co

The plaintiff, Tammy Schmidt, brought this action for monetary relief under the Fair Labor Standards Act ("FLSA”), alleging that she was not paid overtime due under the Act. The defendant, Eagle Waste and Recycling, Inc. ("Eagle”), moved for summary judgment, arguing that Schmidt was exempt from the act because she was either an "outside salesperson” or a combination of an "outsi

This case under the Fair Labor Standards Act ("FLSA") raises an issue about whether a city or town must give notice to its public safety officers as a matter of federal law before the municipality takes advantage of a special statutory exemption for these officers from usual overtime requirements, 29 U.S.C. § 207(k). We hold no such notice is required.

Plaintiffs are police o

Mike Rutti sought to bring a class action on behalf of all technicians employed by Lojack, Inc. ("Lojack”) to install alarms in customers' cars. He sought compensation for the time they spent commuting to worksites in Lojack's vehicles and for time spent on preliminary and postliminary2 activities 2Although not in the dictionary, this word is used in the critical statute, 29 U.S.C. § 254(

We must decide whether a restaurant violates the Fair Labor Standards Act, when, despite paying a cash wage greater than the minimum wage, it requires its wait staff to participate in a "tip pool” that redistributes some of their tips to the kitchen staff.

I Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon, which is owned and operated by Woody Woo, Inc., Woo

Paul Turner worked as a waiter for The Saloon, Ltd. ("The Saloon”), a Chicago steakhouse, and claims he was the victim of several forms of employment discrimination. Turner had a months-long sexual relationship with his supervisor and claims that when he ended it, she persistently sexually harassed him. He also claims The Saloon discriminated against him on the basis of a disability; he suff

Plaintiff Lynore Reiseck ("plaintiff” or "Reiseck”) appeals from a March 27, 2009 judgment of the United States District Court for the Southern District of New York (Thomas P. Griesa, Judge) awarding summary judgment to defendants Universal Communications of Miami ("Universal”), Blue Horizon Media, Douglas Gollan, Carl Ruderman, Geoffrey Lurie, and David Bernstein (together "defe

This matter is before this court on interlocutory appeal pursuant to the provisions of Illinois Supreme Court Rule 308 (155 Ill. 2d R. 308) to consider a question certified by the trial court. Defendant Giordano's Enterprises, Inc., which owns and operates several restaurants in the Chicago area, has a policy of automatically deducting $0.25 per hour from its hourly employees' wages to cover the c