The named plaintiffs in this case, employees of the Fire Services Bureau of the DeKalb County Department of Public Safety, filed two claims against DeKalb County for overtime pay pursuant to the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seq. The case became a class action when several hundred additional plaintiffs opted to join the named plaintiffs by filing consent forms with

In this necessarily fact-specific appeal, we must decide whether and in what circumstances contracted service workers should be considered in determining whether an employer is exempt from the requirements of the Family Medical Leave Act ("FMLA") and its California counterpart, the California Family Rights Act ("CFRA"). Air France flies an abbreviated schedule (one flight per day) in and

In a labor dispute over unpaid wages, plaintiffs gained certification of an opt-in class under the Fair Labor Standards Act and then sought certification of a Fed. R. Civ. P. 23(b)(3) opt-out class under the Pennsylvania Wage Payment & Collection Law. The District Court granted the Rule 23 certification. At issue is whether the District Court should have exercised supplemental jurisdictio

Plaintiff-Appellants are a group of hourly wage employees ("Employees") who brought suit against their employer, Barber Foods, for alleged violations of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 216(b). Employees sought compensation for alleged unrecorded and uncompensated work performed by them for Barber Foods. The district court granted partial summary judgment for defendan

This case poses a question of first impression: should compensation awarded for work-hours lost during an employee's successful pursuit of a grievance count as "hours of service" within the meaning of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654 (1994)? The district court answered this question in the negative and, accordingly, entered judgment in favor of the employer. (1)

After defendant terminated her services, plaintiff brought this action for damages and other relief based on defendant's alleged violations of Oregon and federal minimum wage and overtime laws. ORS 653.010 - 653.261; Fair Labor Standards Act (FLSA), 29 USC §§ 201 - 219 (2000). Plaintiff also asserted claims under Oregon and federal law that defendant had unlawfully discharged her from employm

Plaintiff Jerry D. Ormsby appeals from the district court's grant of summary judgment to defendant, his former employer, on claims for allegedly unpaid overtime hours, pursuant to the Fair Labor Standards Act (FLSA) and the Portal-to-Portal Pay Act. Before we discuss the merits of plaintiff's claims, however, we must address defendant's claim to Eleventh Amendment immunity.

Before the di

Five Feet Restaurant, Inc., appeals from (1) the judgment after a jury trial awarding former employee and server Karla Jameson the sum of $1,075 for Five Feet's violation of Labor Code section 351; and (2) the permanent injunction issued by the trial court requiring Five Feet to comply with Labor Code section 351. Labor Code Section 351 prohibits an "employer" or "agent" from collecting, ta

Ms. Feightner went to work for BOK as an assistant vice president and branch manager in mid-1995 and worked for BOK until mid-1997. In July 1997, shortly after her employment with BOK ended, she submitted a wage claim form and an amended form to the Oklahoma Department of Labor (DOL). The forms claimed entitlement to overtime compensation she asserted BOK refused to pay. The DOL provided Ms.

The appellants are nine plaintiffs who were employed as roofers and bricklayers on three separate public works construction projects. The defendants-appellees are contractors involved in these projects, their officers, and the insurance companies that served as sureties on construction payment bonds for those projects.

The contractor defendants are Ypsilon Construction Corporation, Inc. ("Y

Hannon Food Service, Inc.; Hannon’s Food Service, Inc.; Hannon’s Food Service of Jack-son, Inc.; and Hannon’s Food Service of Nat-chez, Inc. (collectively “Hannon”) appeal a judgment as a matter of law (“j.m.l.”) in this action brought pursuant to the Fair Labor Standards Act (“FLSA”) awarding overtime benefits to a group of restaurant m

Defendant, Chons Bros., Inc., appeals a judgment awarding $210,398.04 in damages, attorney fees, and costs to plaintiffs. Plaintiffs cross-appeal summary judgments dismissing their claims against codefendants Merit Wrecker, LLC and Joey Drawbaugh. We affirm.

Plaintiffs, a mechanic and eight tow truck drivers, were formerly employed by Mirage Recovery Service, Inc. Mirage was owned and operat

Plaintiff-appellant Stephen J. Kearney, a police officer, repeatedly took issue with his employer, the Town of Wareham (the Town), over the extent of the Town's obligations under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (FLSA). He asserts that the Town and its hierarchs, angered because he had prevailed in those disputes, cashiered him. Claiming illegal retaliation, he sued the Town, i

Appellant Spencer Abraham, Secretary of the Department of Energy, appeals from a district court judgment awarding Carlos Villescas, a federal employee, $50,000 in compensatory damages for emotional distress, and $152,530.85 in attorney's fees and costs on a retaliation claim under the Age Discrimination in Employment Act, 29 U.S.C. § 633a (ADEA). The narrow dispositive question is whether 29 U.

In this interlocutory appeal, Wal-Mart Stores, Inc. and Sam's East, Inc. (collectively, "Wal-Mart") appeal the trial court's order granting class certification to Elena Lopez, Liberty Morales, Chad Matthews, and James Veillon, on behalf of themselves and all others similarly situated. Because individual issues will predominate over common issues, and the class action is not the superior method fo

Plaintiff, Alexis M. Herman, former Secretary of Labor of the United States Department of Labor ("the Secretary"), appeals from the judgment ordering Defendant, Fabri-Centers of America, Inc. ("FCA"), to pay $431,948.58 for its violations of sections 7, 11(c), 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938 ("the FLSA"), 29 U.S.C. § 207(a)(1), § 211(c), § 215(a)(2) and § 215(a)(5

This appeal arises out of a claim for unpaid minimum wages and overtime compensation brought by twenty-four individuals who served as caretakers in Baltimore County, Maryland parks (Caretak-ers). The Caretakers allege that Baltimore County, their employer, violated the Fair Labor Standards Act (FLSA), 29 U.S.C.A. §§ 201- 209 (1998), and the Maryland Wage and Hour Law (MWHL), Md. Code Ann.,

Plaintiffs-appellants Brandon Valdivieso and David Lickzales ("Appellants"), former employees of defendant-appellant Atlas Air, Inc. ("Atlas Air"), brought an action on behalf of themselves and all other similarly situated loadmasters employed by Atlas Air alleging they were denied the premium overtime compensation required by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. (1) Th

These appeals and cross-appeals bring before us a variety of issues in this suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq., and the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. The plaintiffs, former employees of Union Oil Company of California (Unocal), filed this suit against Unocal on March 19, 1998, alleging violations of the ADEA and

Curtis Adkins filed suit against Labor Ready, Inc. and Labor Ready Mid-Atlantic, Inc. (collectively "Labor Ready") alleging violations of federal and state labor laws. Labor Ready responded with a motion to compel arbitration based on an arbitration agreement signed by Adkins. The district court granted the motion, Adkins v. Labor Ready, Inc., 185 F. Supp. 2d 628 (S.D.W. Va. 2001), and dismis

The plaintiffs, former employees of Union Oil Company of California (Unocal), filed this suit against Unocal March 19, 1998, alleging violations of the ADEA and the FLSA. A jury trial was held on the ADEA claims. On December 12, 1999, the jury returned a verdict in favor of all plaintiffs on their ADEA claims. Beginning on December 12, 1999, a bench trial was held on the FLSA claims. On Sept

Rex Bothell seeks overtime compensation for hours worked in excess of forty per week and other damages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and California state law. Appellee Phase Metrics, Inc., argues that Bothell is an exempt “administrative” employee under both federal and state law and is therefore not entitled to overtime payment

Plaintiff Larry D. Hysten was employed as a journeyman freight car mechanic by defendant Burlington Northern ("Burlington Northern" or "BNSF") and its predecessor, Santa Fe Railroad, for approximately twenty-two years. His suit under 42 U.S.C. § 1981 consists of claims that Burlington Northern suspended him for forty days because he is an African-American and then engaged in retaliatory activity

Diantha Smith ("Smith") was employed by Diffee Ford-Lincoln-Mercury, Inc. ("Diffee") of El Reno, Oklahoma. Smith's job title was "booker" or "warranty clerk," and her position required that she figure and prepare all warranty, internal, and customer pay repair orders for payment. Smith was a senior employee and apparently did her job well in most respects.

Smith's supervisor, Warren Blackke

After the City of Two Rivers decided that all of its firefighters must be certified as paramedics, the City and the firefighters' union agreed that one third of any necessary training would occur during normal work hours, one third would be treated as overtime at the contractual overtime rate, and the remaining third would be treated as "donated" time. When the City learned that, by virtue