FLSA Law
 
Paschall L. Sanders III v. Kevin Hayden, et al.

After serving a prison sentence, the plaintiff was civilly committed to a secure treatment facility—the Wisconsin Resource Center—as a sexually violent person. Wis. Stat. § 980.06. He has brought this suit under 42 U.S.C. § 1983 against various state officials, claiming that they violated his federal rights by reducing his pay for the work he performs at the Center.

The

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Antoinette Pirant v. United States Postal Service

Antoinette Pirant sued her former employer, the United States Postal Service, for an alleged violation of the Family Medical Leave Act, 29 U.S.C. §§ 2601-2654 ("FMLA”), but her suit failed on the threshold question of her eligibility for FMLA leave. She appeals, contending there were triable issues of fact regarding her FMLA eligibility—specifically, a factual dispute over wheth

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Margaret A. Hoffman, et al. v. Construction Protective Services, Inc.

In this opinion, we resolve whether the district court erred in precluding the admission of evidence regarding damages as a sanction under Federal Rule of Civil Procedure (Rule) 37 for failure to disclose damage calculations under Rule 26(a). We conclude that the district court did not abuse its discretion and affirm on this issue. The remaining issues in this case are resolved in a contemporaneou

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Adelina Garcia, et al. v. Tyson Foods, Inc., et al.

Defendants-appellants Tyson Foods, Inc. and Tyson Fresh Meats, Inc. (collectively, "Tyson”) appeal from the district court's interlocutory order denying their motion for partial summary judgment. We ordered the parties to submit briefs addressing whether this appeal should be dismissed on the ground that the order appealed from was not final. Tyson argues that we have jurisdiction over the a

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Vivian Brown v. Family Dollar Stores of Indiana, L.P.

Plaintiff-Appellant Vivian Brown brought an action against her former employer, Family Dollar Stores of Indiana, LP ("Family Dollar”), alleging that Family Dollar failed to pay in a timely manner overtime wages due her in violation of the Fair Labor Standards Act, ("FLSA”), 29 U.S.C. 201 et seq., the Indiana Wage Payment Statute, Ind. Code § 22-2-5-1 et seq., and the Indiana Wage Cl

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James McGrath v. Central Masonry Corporation

Plaintiff-appellant James McGrath sued his former employer, Central Masonry Corporation (Central), for failure to pay overtime compensation in violation of the Fair Labor Standards Act, 29 U.S.C. § 207 (FLSA), and also asserted a claim under the Colorado Wage Claim Act, C.R.S. §§ 8-4-101 through 8-4-123, for Central's failure to pay him the balance of a bonus upon his separation from emplo

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Tony Bass v. John E. Potter

The Family Medical Leave Act (FMLA) mandates that certain employers provide employees suffering from a serious medical condition up to twelve weeks of unpaid leave per year. See 29 U.S.C. § 2612(a)(1)(D). Employees, however, have several duties concomitant to this right. For instance, an employer may require an employee submit medical certification documenting his medical condition before the

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Peter P. Jonites, et al. v. Exelon Corporation, et al.

This appeal requires us to analyze the relation between section 301(a) of the Labor Management Relations Act (Taft-Hartley), 29 U.S.C. § 185, which authorizes federal suits to enforce collective bargaining agreements, and the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., the federal minimum-wage and maximumhour law. The plaintiffs represent a class (an "opt-in" class under 29 U.S.C

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Myrl Copeland v. ABB, Inc.

ABB, Inc. ("ABB") appeals the district court's partial grant of summary judgment in favor of Cynthia Howser. ABB also appeals from the district court's order awarding attorneys' fees and costs to Howser. For the reasons that follow, we affirm.

I. BACKGROUND

Cynthia Howser is an hourly employee at ABB's plant in Jefferson City, Missouri. She has received extensive medical treatment

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Service Employees International Union, Local 250, et al. v. Torren Colcord, et al.

Torren Colcord and Stacy Rutherford appeal from a judgment for compensatory and punitive damages in favor of their former employer, Service Employees International Union, Local 250 (Local 250). The trial court found Colcord and Rutherford liable for breach of fiduciary duty for secretly organizing - while still employed as field representatives by the union - a campaign to decertify Local 250

More...   $300387 (02-23-2008 - CA)

Sheryl L. Huff, R. Scott Huff, et al. v. DeKalb County, Georgia, et al.

The primary issue in this case is whether a group of paramedics, who are employed by a county fire department and trained in fire suppression, have the "responsibility to engage in fire suppression" under 29 U.S.C. § 203(y), and are accordingly partially exempt from the normal forty-hour overtime schedule established by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 et seq. We con

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Long John Silver's Restaurants, Inc. v. Erin Cole; Nick Kaufman; Victoria McWhorter

Long John Silver's Restaurants, Incorporated, and Long John Silver's, Incorporated (collectively, "LJS"), seek appellate relief from a January 20, 2006 ruling of the district court declining to vacate an arbitration award. Long John Silver's Rests., Inc. v. Cole, No. 6:05- cv-03039-HFF (D.S.C. Jan. 20, 2006) (the "Opinion").1 In the underlying arbitration proceedings, three former LJS manager

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Larry Darveau v. Detecon, Inc.

After Detecon, Inc., a small wireless telecommunications consulting company, discharged one of its officers, Larry Darveau, he brought this action, alleging that Detecon had not paid him overtime in violation of the Fair Labor Standards Act of 1938 ("FLSA" or the "Act"), 29 U.S.C. § 207 (2000). Fifteen days later, Detecon filed a fraud suit in state court against Darveau. Darveau then amende

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Timothy Doyle, et al. v. Huntress, Inc.; Relentless, Inc.

This decision addresses the doctrine of laches in claims for wages by seamen under 46 U.S.C. § 11107, where the claims are meant both to compensate and to encourage compliance with the requirement in 46 U.S.C. § 10601 that the seamen be given pre-trip written agreements.

From 1993 to 2000, the plaintiffs, Timothy Doyle, Greg Hagaman, Brian Lague, Anthony W. Richards, and Eric Edwa

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Lorenda Rodriquez v. Farm StoresGrocery, Inc.

This appeal in a Fair Labor Standards Act, 29 U.S.C. §§ 201–19, case involves a number of issues arising under that statute. It also presents us with an interesting issue that is not FLSA-specific. Without objection from either party, the district court gave the jury an erroneous instruction on how to calculate damages. The jury compounded the error by returning a verdict for a larger

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Paula M. Roe-Midgett, etc., et al. v. CC Services, Inc.

Plaintiffs Paula Roe-Midgett and Paul Decker sued their employer CC Services, Inc. ("CCS") for overtime wages under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(a)(1). CCS contracts with insurance companies to provide claims processing services for auto, home, commercial, and farm policies. Roe-Midgett and Decker were employed as claims adjusters at different levels of CCS's c

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Joseph Skirchak, etc. v. Dynamics Research Corporation

At issue is the enforceability under Massachusetts law unconscionability doctrine of class action waivers (of Fair Labor Standards Act claims) contained in a company-imposed arbitration/dispute resolution program.

Two managers brought a class action suit against their former employer, Dynamics Research Corporation ("DRC"), for violations of the Fair Labor Standards Act ("FLSA"),

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Darrell R. Hare v. Denver Merchandise Mart, Inc., et al.

Plaintiff-Appellant Darrell Hare was employed as the general manager of the Denver Merchandise Mart, Inc. ("the Mart") for nearly thirty years. Beginning in 2001, his relationship with higher management began to break down. He was terminated from his position as general manager on December 29, 2003, at the age of 64. He brought this suit under the Age Discrimination in Employment Act ("ADEA

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Mabel Kay Thomas v. Speedway SuperAmerica, LLC, AGent of RB Williams

Plaintiff Mabel Kay Thomas ("Thomas") appeals the district court's grant of summary judgment in favor of Speedway SuperAmerica LLC ("Speedway"), which denied her claims for unpaid overtime wages under both federal and state law. The district court held that Thomas was a bona fide executive employee under 29 U.S.C. § 213(a)(1) and thus not entitled to overtime wages. The narrow issue on app

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William Madely and James Borland, on behalf of themselves and all others similarly situated v. Radioshack Corporation

William Madely and James Borland appeal from a judgment dismissing their claims that they were improperly classified as exempt from overtime payments, denying their motion for partial summary judgment, and granting summary judgment to RadioShack. Madely and Borland argue that: (1) the trial court erred by weighing the evidence in RadioShack's favor where there were disputed questions of materi

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David Dent v. Cox Communications Las Vegas, Inc., et al.

In March 2004 plaintiff-appellant David Dent accepted overtime compensation that was owed to him by his former employer, MC Communications, pursuant to a settlement supervised by the Department of Labor ("DOL") in accordance with the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(c). Dent signed a WH-58 standard form "Receipt for Payment of Lost or Denied Wages, Employment Benefits

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MELANIA FELIX DE ASENCIO; et al. v. TYSON FOODS, INC.

In instructing the jury in this case brought by poultry workers under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA" or "Act"), the District Court stated that in considering whether the workers' donning, doffing and washing was "work" under the Act, the jury must consider whether the activities involved physical or mental exertion. The jury decided the issue of work agains

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JAMES H. RUEHL v. VIACOM, INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION

This is an interlocutory appeal from the District Court's denial of Viacom's summary judgment motion. Viacom seeks to have James Ruehl's complaint under the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq., dismissed for failure to timely exhaust administrative remedies before the Equal Employment Opportunity Commission ("EEOC"). The District Court denied su

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ESCOLASTICO DE LEON-GRANADOS, RENE VILLATORO-DE LEON, et al. v. ELLER AND SONS TREES, INC., JERRY ELLER

This is an interlocutory appeal from the district court's grant of class certification. The Appellees, migrant workers, claim Eller & Sons Trees, Inc. (Eller & Sons) and Jerry Eller (collectively, the Appellants) violated their rights under the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. §§1801-1872 (AWPA) and the Fair Labor Standards Act, 29 U.S.C. §§201-219 (

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ROBERT NIGG; KEITH LEWIS, as ü private attorney generals and on behalf of themselves and all others similarly situated, et al. v. United States Postal Service

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 Service") and Keith Lewis, a retired postal inspector, sued the Postal Service alleg

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