FLSA Law
 
Alicia Allen, et al. v. The Board of Public Education of Bibb County

Plaintiffs brought this action against Defendant, the Board of Public Education for Bibb County, to recover for violations of the Fair Labor Standards Act. The district court granted summary judgment in favor of the Board, and this appeal followed. For the reasons set forth below, we affirm the district court's decision in part and reverse in part.

I. BACKGROUND

Plaintiffs are D

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Tammy Buckner, et al. v. Florida Habilitation Network, Inc.

This appeal presents two related issues under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et. seq.: (1) whether a domestic service employee, employed by a third party employer rather than directly by the family of the person receiving care, is exempt from the overtime requirements of the FLSA pursuant to the companion services exemption, and (2) what level of deference is due to

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Traci Otto, on behalf of herself and all other employees similarly situated v. Pocono Health System and Pocono Medical Center.

Traci Otto, on behalf of herself and all other employees similarly situated sued Pocono Health System and Pocono Medical Center alleging that Pocono had failed to comply with the technical requirements of federal law in implementing its "8 and 80" overtime pay system. Otto also alleged that Pocono's pay practices violated the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and

More...   $1 (05-23-2007 - NY)

Jacquelin Davis v. O'Melveny & Myers, LLC

Plaintiff Jacqueline Davis (Davis) appeals the district court's order dismissing her action and compelling arbitration under 9 U.S.C. § 4 based upon an arbitration agreement with her former employer, Defendant O'Melveny & Myers (O'Melveny). On appeal, Davis challenges the enforceability of the arbitration agreement, contending that it is unconscionable under California law. The merits of

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Carla Mutchler v. Dunlap Memorial Hospital, et al.

Plaintiff, Carla Mutchler, appeals the district court's grant of summary judgment to Defendants, Dunlap Memorial Hospital and Kathy Loede, on her claim that Defendants violated the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq. Plaintiff's appeal rests on two claims: first, that she met the "hours of service" requirement for purposes of FMLA eligibility; and second, that

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Susan Knapp v. American West Airlines

Susan Knapp appeals the district court's grant of summary judgment to America West Airlines on Mrs. Knapp's claims alleging violations of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654. We have jurisdiction under 28 U.S.C. § 1291, and we AFFIRM.

I.

Mrs. Knapp was a pilot for America West. In 1995, she and her husband noticed that their eldest son, born in 1986, d

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Janice Morgan, et al. v. Family Dollar Stores

Current and former store managers of Family Dollar Stores claimed Defendant misclassified them as exempt employees under the "executive exemption to the FLSA. Plaintiffs maintained that because their primary duty was not management and that they spent 80-95% of their time unloading trucks, cleaning the store and stocking shelves that they were nothing more than salaried labor workers, i.e.,

More...   $33200000 (04-05-2006 - AL)

Nancy P. Andrews, et al. v. KOWA Printing Corporation

Plaintiffs, 35 former union employees of Kowa Printing Corporation, brought an action under the Illinois Wage Payment and Collection Act (the Wage Act) (820 ILCS 115/1 et seq. (West 2004)) against defendants, Kowa Printing Corporation, Thomas W. Kowa, and Huston-Patterson Corporation. Plaintiffs alleged that they were owed unpaid vacation time and severance pay and that all three defendants wer

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Davis Shikles v. Sprint/United Management Company

Plaintiff Davis Shikles appeals from a district court order granting summary judgment to Defendant Sprint/United Management Company ("Sprint") in Shikles' lawsuit alleging that Sprint violated the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq., by denying him promotions and terminating him. (Aplt. App. at 12-13, 485, 510.) This appeal presents three important legal i

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Alemayehu Getachew v. 7-Eleven

Alemayehu Getachew, proceeding pro se, appeals the district court's grant of summary judgment to his former employer 7-Eleven, Inc. in this action alleging national origin discrimination and harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (Title VII). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

Mr. Getachew was born in

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Chrystina Nicolaou v. Horizon Media, Inc.

The defendant in this action, Horizon Media, Inc. (" Horizon"), is a New York corporation with its principal place of business located in New York City. 2. The plaintiff, Chrystina Nicolaou, was hired by Horizon in July 1998 as its Director of Human Resources and Administration. 6. In this capacity, Nicolaou served as a fiduciary and trustee of Horizon's 401( k) employee benefits

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Theresa Landers-Scelfo v. Corporate Offices Systems, Inc., Costello Johnson and Eunita Johnson

Plaintiff, Theresa Landers-Scelfo, appeals from the dismissal with prejudice of those counts of her second amended complaint that sought damages against Synergy PEO, LLC (d/b/a The Synergy Plan and Synergy), for commissions on sales she made as an account executive for Corporate Office Systems, Inc. (COS), and for attorney fees associated with her attempt to recover those commissions. The compl

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Fred Giannetto, et al. v. Computer Sciences

Overtime pay class action lawsuit against Computer Sciences Corporation ("CSC") on behalf of themselves and approximately 30,000 current and former employees of CSC for alleged violations of the Fair Labor Standards Act ("FLSA"), California's Unfair Competition Law, and the wage and hour laws of 13 states. The FLSA collective action includes all persons who worked for CSC as an Associate Memb

More...   $24000000 (04-21-2005 - CA)

Marcus R. Hammond, Jr. v. City of Junction City, et al.

This action stems from a class action discrimination suit, filed on April 6, 2000, on behalf of current and former African-American employees of the City of Junction City, Kansas. Over the course of the case's protracted history, it has devolved into a professional responsibility case. Defendants-appellants Denise M. Anderson and the law firm of Anderson & Associates (together, Anderson) ap

More...   $0 (03-03-2005 - KS)

United States Department of Labor v. Cingular Wireless

The U.S. Department of Labor announced today that it has reached an agreement with Cingular Wireless to pay 25,351 workers employed as customer service representatives $5.1 million in back wages as a result of alleged violations of the overtime provisions of the Fair Labor Standards Act (FLSA).

Cingular, a provider of wireless telecommunication services, is headquartered in Atlanta , Ga.

More...   $5100000 (02-13-2005 - GA)

Jerry Archuleta, et al. v. Wal-Mart Stores, Inc.

Under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et seq., an employer may not employ a person for more than 40 hours per workweek unless the employee receives overtime compensation of at least one-and-a-half times the regular hourly rate for hours exceeding 40. Id. at § 207(a)(2)(c). The FLSA creates an exemption to its overtime requirement, however, for people "employed in

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Vela, et al. v. The City of Houston

Plaintiffs are paramedics and emergency medical technicians ("EMTs") (collectively the "EMS workers" or "EMS employees") employed by the City of Houston Fire Department. The Daley Plaintiffs are a subset of a group of approximately 2,600 fire department employees consisting of fire suppression,1 telemetry, dispatch, and arson investigation personnel (the "Vela Plaintiffs"). The Vela Plain

More...   $79500000 (11-05-2004 - TX)

Kurt Snyder, et al. v. The Navajo Nation

Appellants in these consolidated appeals are law enforce-ment officers of the Navajo Nation Division of Public Safety ("DPS") who filed actions against both the Navajo Nation and the United States claiming violations of the Fair Labor Stan-dards Act ("FLSA"), 29 U.S.C. §§ 201-219. The district court dismissed the claims against the Navajo Nation, holding that law enforcement was an intr

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Tonya Cooper v. MRM Investment Company, Terry Rogers and Larry Mays

This appeal concerns the validity and enforceability of an arbitration provision in an employment contract between plaintiff-appellee Tonya Cooper and defendant-appellant MRM Investment Company ("MRM"). Cooper alleges that while working as a manager at MRM's restaurant, she was sexually harassed and constructively discharged. She brought a Title VII action, and MRM moved to compel arbitration.

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Vernoica Pacheco v. Whiting Farms, Inc., Thomas Whiting, and N. Lyle Johnston

Plaintiff Veronica Pacheco sued Defendants Whiting Farms Inc. and its controlling owners alleging they failed to pay her overtime wages and terminated her employment in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. FLSA generally requires employers to pay their employees one and one-half times the employee's regular rate of pay (overtime) for each hour worked in exce

More...   $0 (05-03-2004 - CO)

John Hogan, et al. v. Allstate Insurance Company

Five Allstate insurance agents filed a complaint on behalf of themselves and others "similarly situated" against Allstate Insurance Company ("Allstate"), seeking overtime compensation, pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(a)(1), for time worked as Neighborhood Office Agents ("NOAs"). Over 2,300 NOAs filed consent-to-join forms after receiving authorization

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Eladio Radriguez and Martin Gomez v. Whiting Farms, Inc. and Thomas Whiting

Plaintiffs-Appellants Eladio Rodriguez and Martin Gomez brought this suit against their former employer, Thomas Whiting and Whiting Farms, Inc. (hereinafter collectively referred to as "Whiting Farms"), claiming Whiting Farms failed to pay them overtime as required under the Fair Labor Standards Act (the "FLSA" or the "Act"). Whiting Farms argues it is exempt from paying Rodriguez and Gomez ove

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Rose M. Bell v. Farmers Insurance Exchange

In this class action for unpaid overtime, Farmers Insurance Exchange (FIE) has filed separate notices of appeal from a judgment awarding the plaintiffs' class $90,009,208.12 for unpaid overtime compensation, plus prejudgment interest of $32,303,048 and from a series of postjudgment orders that inter alia adopted a plan of distribution and awarded common fund attorney fees and costs. We reve

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T. Maria Welding, et al. v. Bios Corporation

An employer is not required to pay overtime to an employee who provides companionship services to the aged or infirm in a private home. The plaintiff employees here provided services to developmentally disabled persons in a variety of living arrangements. In determining whether these living arrangements qualified as private homes, the district court analyzed the various living arrangements as a

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Roy Hillstrom v. Best Western TLC Hotel

Roy Hillstrom, then age 42, was terminated from his job at the Best Western TLC Hotel in Waltham, Massachusetts in April 2002. His boss, Matthew Phipps, said it was for poor job performance. Hillstrom sued, alleging he had been discriminated against because of his age and gender. He also claimed that Best Western violated the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., by c

More...   $0 (01-05-2004 - MA)

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