| Dava Dalvit v. United Airlines, Inc. |
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Plaintiffs Dava Dalvit and Debra Benjamin sued United Air Lines, Inc. (UAL) asserting discrimination and retaliation claims under a variety of federal and state statutes. The district court granted summary judgment in favor of UAL on all of their claims. Plaintiffs now appeal the grant of summary judgment on their discrimination and retaliation claims under Title VII of the Civil Rights Act of 196 $0 (12-21-2009 - co) |
| Andrew Young v. Cooper Cameron Corp. |
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17 The overtime requirements of the Fair Labor Standards |
| Michael J. Davis v. J.P. Morgan Chase & Co. |
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This appeal requires us to decide whether underwriters tasked with approving loans, in accordance with detailed guidelines provided by their employer, are administrative employees exempt from the overtime requirements of the Fair Labor Standards Act. Andrew Whalen was employed by J.P. Morgan Chase ("Chaseâ€) for four years as an underwriter. As an underwriter, Whalen evaluated whether to issu $0 (11-20-2009 - NY) |
| Ron Compton v. Rent-A-Center, Inc. |
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Plaintiff Ron Compton appeals the district court's entry of summary judgment in favor of his former employer, Rent-A-Center, Inc. ("RACâ€), on his claim that he was not paid overtime wages. Our jurisdiction arises from 28 U.S.C. § 1291, and we affirm. Although Mr. Compton now argues that his original complaint included a state-law claim for breach of contract, we determine that the complai $0 (10-20-2009 - OK) |
| Kevin Kasten v. Saint-Gobrain Performance Plastics Corporation |
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The court has adopted a construction of the Fair Labor Standard Act's anti-retaliation provision that is unique among the circuits. On the one hand, the court understands the statute's "filed any complaint†language to cover intra-company complaints about unfair labor practices, but on the other it concludes that oral complaints fall outside the reach of the statute. Kasten v. Saint-Gobain P $0 (10-16-2009 - WI) |
| Sarah Erdman v. Life Time Fitness, Inc. |
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This appeal is taken from an order denying a motion by appellant Life Time Fitness, Inc. (Life Time) for summary judgment dismissing a certified class claim asserted by respondent Sarah Erdman under the Minnesota Fair Labor Standards Act (MFLSA). The district court concluded that a bonus plan allowing payroll deductions for bonus amounts advanced but not earned precluded Life Time from claiming ex $0 (08-25-2009 - MN) |
| Romeo Balen v. Holland America Line, Inc. |
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Romeo Balen, individually and on behalf of those similarly situated, appeals the district court's order granting Holland America Line Inc.'s ("HALâ€) motion to compel arbitration. Balen contends that his claims cannot be resolved through arbitration, because (1) United States law does not permit the arbitration of claims brought under the Seamen's Wage Act, 46 U.S.C. § 10313 ("Wage Actââ‚ $0 (10-02-2009 - WA) |
| Mike Rutti v. Lojack Corporation, Inc. |
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Mike Rutti sought to bring a class action on behalf of all technicians employed by Lojack, Inc. ("Lojackâ€) 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 postliminary1 activities performed at their homes. The district court granted Lojack summary judgment, holding that Rutt $0 (08-21-2009 - CA) |
| Teresa O'Brien, et al. v. Ed Donnelly Enterprises, Inc. and Ed Donnelly |
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These appeals involve two related cases in which former employees of two McDonald's franchises allege that their employer refused to pay the employees the wages that they were due, in violation of the Fair Labor Standards Act ("FLSAâ€), 29 U.S.C. § 216(b); the corresponding Ohio statute; and other Ohio law. For the reasons that follow, in the Dellarussiani appeal, we affirm the district co $0 (08-05-2009 - OH) |
| Charles Hertz v. Woodbury County Iowa |
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Seven police officers and other unnamed plaintiffs ("Plaintiffsâ€) currently or formerly employed by the Woodbury County Sheriff's Department (the "Sheriff's Departmentâ€) filed suit against Woodbury County (the "Countyâ€) for its alleged failure to pay overtime compensation in violation of the Fair Labor Standards Act ("FLSAâ€), 29 U.S.C. §§ 201–19. A jury returne $0 (06-04-2009 - IA) |
| Jorge Cortes-Barrientos, et al. v. Southern Insulation & Fireplaces LLC |
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Plaintiff sued Defendant on a wage and hour theory claiming that Defendant wrongfully failed to pay overtime wages to them in violation of the Fair Labor Standards Act (FLSA). |
| Patti Howell v. Pete Dodap |
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¶1 Robert Howell and Pete Hodap bring separate appeals related to a civil suit alleging multiple constitutional and tort violations arising out of the execution of a search warrant. Patti Howell and Randy Johnson submit cross-appeals. For the following reasons and those set forth in the simultaneously filed memorandum decision,1 we affirm in part and reverse in part. |
| Theodore G. Robinson v. Tellabs, Inc. |
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This class action appeal arises from a finding of no liability under the Illinois Minimum Wage Law (820 ILCS 105/1 et seq. (West 2000)) for the defendant, Tellabs, Inc., after a bifurcated trial. Judge Billik ruled that Tellabs's policy of imposing unpaid days off following or preceding paid holidays to cope with difficult economic conditions satisfied the "salary basis test" because the days off $0 (04-27-2009 - IL) |
| Hans G. Heitmann, et al. v. City of Chicago |
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State and local governments are entitled to offer compensatory time off in lieu of overtime pay, if employees agree to this procedure. 29 U.S.C. §207(o). See Christensen v. Harris County, 529 U.S. 576 (2000). With the assent of the police officers' union, Chicago has implemented a comp-time program. In this suit, some of the officers who have accumulated credits under the program contend that C $0 (03-26-2009 - IL) |
| David Bergeron, et al. v. Sheriff Andrea Cabral |
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This interlocutory appeal requires us to determine whether defendant-appellant Andrea Cabral, the duly elected Sheriff of Suffolk County, Massachusetts, is entitled to qualified immunity in connection with her decision to strip several jail officers of their commissions as deputy sheriffs, allegedly in retaliation for their support of her opponent during the 2004 election cycle. The district court $0 (03-12-2009 - ma) |
| Christine Sahyers v. Prugh, Holliday & Karatinos, P.L. |
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This appeal is about the power of a district court to supervise the work of the lawyers who practice before it. Christine Sahyers (Plaintiff) appeals a district court order denying her request for attorney's fees and costs in her lawsuit under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201–19. We affirm the order. Background |
| Robert Nigg, et al. v. United States Postal Service |
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This appeal principally involves the relationship between two labor statutes—the Fair Labor Standards Act of 1938 and a 1996 statute related to compensation for postal inspectors, 39 U.S.C. § 1003(c). Robert Nigg, a postal inspector1 currently employed by the United States Postal Service ("the Postal Serviceâ€) and Keith Lewis, a retired postal inspector, sued the Postal Service all $0 (02-09-2009 - CA) |
| Janice Morgan, et al. v. Family Dollar Stores, Inc. |
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An opt-in class of 1,424 store managers, in a collective action certified by the district court, sued Family Dollar Stores, Inc. ("Family Dollarâ€) for unpaid overtime wages under the Fair Labor Standards Act ("FLSAâ€), 29 U.S.C. §§ 201- 219. During an eight-day trial, the Plaintiffs used Family Dollar's payroll records to establish that 1,424 store managers routinely worked 60 to $35576059 (12-20-2008 - AL) |
| Elaine L. Chao, Secretary of Labor v. Barbeque Ventures, LLC, et al. |
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Barbeque Ventures, LLC, Barbeque Ventures of Nebraska, LLC, and Old Market Ventures, LLC ("the employersâ€) appeal from a summary judgment for the Secretary of Labor pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 207, 215(a)(2). The district court1 ordered the employers to pay overtime compensation, liquidated damages and post-judgment interest, while denying injunctive relief. $0 (12-04-2008 - NE) |
| Allison Cooper v. Southeastern Pennsylvania Transportation Authority |
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At issue is whether the Southeastern Pennsylvania Transportation Authority ("SEPTAâ€) is entitled to sovereign immunity under the Eleventh Amendment. In 1991, we determined SEPTA was not an arm of the state. Bolden v. SEPTA, 953 F.2d 807 (3d Cir. 1991) (en banc), cert. denied, 504 U.S. 943 (1992). Now SEPTA contends that subsequent changes in Eleventh Amendment jurisprudence and in SEPTA's st $0 (11-26-2008 - PA) |
| Donald Sullivan; Deanna Evich; Richard Burkow v. Oracle Corporation; Oracle University |
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Oracle Corporation ("Oracleâ€), 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 $0 (11-07-2008 - CA) |
| Linda Havey v. Houebound Mortgage, Inc., Gary W. Tuorila, Judtih Tuorila, Kathy MacSween and Shane Semprebon |
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Plaintiff-appellant Linda Havey ("Haveyâ€), who was formerly employed as a mortgage underwriter by defendant-appellee Homebound Mortgage ("Homeboundâ€), brought this action claiming that Homebound and its officers failed to pay her overtime compensation as required by the Fair Labor Standards Act ("FLSA†or "the Actâ€), 29 U.S.C. § 201 et seq. Defendants responded that Have $0 (10-22-2008 - VT) |
| Ismael Perdomo v. Ask 4 Realty & Management, Inc., et al. |
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From approximately July 2000 to September 2005, Ismael Perdomo performed work for Ask 4 Realty & Management, Inc., Real Estate Depot, Inc., and Alan Klasfeld (collectively, the "Defendantsâ€). Perdomo sued the Defendants seeking overtime wages for the period of July 2000 to December 31, 2004, and wages for the work performed in 2005. Perdomo's claim is based upon the Fair Labor Standards Act $0 (10-23-2008 - ) |
| Ireane Kellogg v. Energy Safety Services, Inc. and Oilind Safety LLC |
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Ireane Kellogg sued her former employer, Oilind Safety, under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112 et. seq., and the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. She claimed that Oilind (1) discriminated against her in violation of the ADA by firing her after she was diagnosed with epilepsy, and (2) denied her overtime payments to which she was entitled un $0 (10-15-2008 - WY) |
| Jerry Archuleta, et al. v. Wal-Mart Stores, Inc. |
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Although the Fair Labor Standards Act ("FLSAâ€) generally requires an employer to pay its employees at a rate of one and one-half times their regular rate of pay for any time worked in excess of forty hours in a given workweek, it exempts from this requirement "executive, administrative or professional†employees. At issue here is whether full-time pharmacists working for Wal-Mart Store $0 (10-08-2008 - ) |
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