442 results for 'nos:"Fair Labor Standards Act - Labor"'.
J. Thrash partially grants the financier's motion to dismiss an action brought by a film crew member alleging violations of the Fair Labor Standards Act. The crew member alleged that he and other crew members were not paid for the last month of work they performed on a film called "Black Spartans." The crew member failed to adequately allege facts supporting the requirements for establishing enterprise or individual coverage as to the financier. There are no allegations as to the financier's gross annual volume of sales or business. The crew member is granted leave to file an amended complaint.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: May 31, 2023, Case #: 1:22cv4987, NOS: Fair Labor Standards Act - Labor, Categories: Labor
J. Hillman rules against a home health company accused of misclassifying employees as exempt from overtime because a jury could conclude that other testifying employees were subject to a pattern of being denied overtime, and the parties did not have a definitive, mutual understanding that salaries would cover overtime hours worked.
Court: USDC New Jersey, Judge: Hillman , Filed On: May 25, 2023, Case #: 1:17cv1742, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Broderick finds for the employees in a wage and hour suit, entering a default judgment against the employer. The employees shall be awarded damages of $10,000, plus attorneys fees of $3,300.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 24, 2023, Case #: 1:18cv2843, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Freeman grants summary judgment to the employers in their employee's suit alleging that they failed to compensate him and other insurance adjusters for the full hours worked because they compensated adjusters for hours billed to clients, rather than actual hours worked, improperly classified adjusters as exempt and failed to provide proper breaks and reimburse adjusters for mileage. The employee was properly classified as an exempt administrative employee, no dispute of material fact remains as to whether he was properly reimbursed for mileage in a lump-sum payment, and the employee has not shown that his wage statements were in any way inaccurate nor that he is owed wages following his resignation. A state-law claim alleging unfair and unlawful business practices is derivative of those other claims, and the court declines to exercise supplemental jurisdiction under the California Private Attorneys General Act.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 22, 2023, Case #: 5:21cv819, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jurisdiction, Labor
J. Casper denies, in part, an airline's motion to dismiss a group of pilots' claims pertaining to an employment contract that required them to repay $30,000 if they failed to work for the airline for 12 to 18 months as captain for the investment the company allegedly put into their training. The contract and unjust enrichment claims are not preempted by a collective bargaining agreement, and the pilots have adequately pleaded their claims for federal and state labor violations, violations of the Trafficking Victims Protection Act and state civil rights violations.
Court: USDC Massachusetts, Judge: Casper, Filed On: May 22, 2023, Case #: 1:22cv10649, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Labor, Aviation
J. Chesney dismisses several employment claims against Skywest Airlines from a pilot who says the airline does not pay their California-based pilots proper overtime wages or provide proper meal breaks. The meal and rest break claims are preempted by the Federal Aviation Act. The pilot's expenditure reimbursement claim fails because he was not required to use his personal cell phone to clock in or to communicate with traffic controllers and dispatchers.
Court: USDC Northern District of California, Judge: Chesney, Filed On: May 22, 2023, Case #: 3:21cv4674, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Preemption
J. Gordon grants the customer support company’s motion for summary judgment in this class action alleging that employees were not paid for time spent booting up their computers before clocking in or for time spent powering down the computers after clocking out. The employees have not raised a triable issue as to whether the time at question was not trivial, or that it was not adjusted if found to be significant. The employees have not offered evidence sufficient to determine uncompensated time as a matter of just and reasonable inference.
Court: USDC Nevada, Judge: Gordon, Filed On: May 22, 2023, Case #: 2:18cv233, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Employment, Evidence
J. Robertson grants, in part, two individuals' motion to compel FedEx to produce documents in their class labor action. FedEx fails to show the production of certain compliance documents is unduly burdensome, while the production of driver disqualification documents for an additional 100 opt-ins is relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 22, 2023, Case #: 3:17cv30116, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor
J. Bricetti partially denies the successor companies' motion to dismiss a wage and hour suit. The employee claims that the successor companies' assets were illegally transferred to avoid a judgment in a different action. The employee has plausibly alleged the successors are subject to successor liability on Fair Labor Standards Act claims, but may not pursue claims accruing prior to September 2019.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: May 19, 2023, Case #: Ji, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Peterson grants final approval of a settlement agreement in the delivery drivers' class action lawsuit against the online food delivery company over unpaid wages and reimbursements for maintenance of their cars. A $1.2 million judgment is entered against the company for attorney fees, costs and payments to class members, of which $413,333 will be provided to the drivers' counsel in two installments.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 19, 2023, Case #: 3:20cv279, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Settlements, Class Action
J. Coulson partially grants a tree services firm’s former groundsman his motion for partial summary judgment in his suit alleging FLSA violations. There is a genuine dispute as to whether the grounds man worked overtime hours. However, although the firm argues other parties named do not have the same administrative powers as itself, some of them do and will be considered to have joint employer status as to making decisions about tallying staff hours, wages and overtime.
Court: USDC Maryland, Judge: Coulson, Filed On: May 18, 2023, Case #: 1:22cv32, NOS: Fair Labor Standards Act - Labor, Categories: Corporations, Employment, Labor
J. Gilliland issues an omnibus pre-trial order in a dispute between a former worker and a major Texas farm organization after the worker alleged that he was improperly classified as a contractor. The omnibus order clarifies, among other things, that the Texas Farm Bureau cannot claim the “Outside Sales Exemption” to the Fair Labor Standards Act in this dispute because selling products was not the worker’s “primary duty.”
Court: USDC Western District of Texas , Judge: Gilliland, Filed On: May 17, 2023, Case #: 6:19cv679, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment, Labor
J. Joseph grants a request by a Georgia-based bakery and its Louisiana subsidiary, dismissing overtime pay claims by three bread truck drivers. The deliverymen’s claims are excluded by an exemption, under federal wage laws.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: May 17, 2023, Case #: 1:21cv3566, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor
J. Gilliland grants summary judgment determining that the Texas Farm Bureau, a major state agricultural organization, is not a “retail establishment” and therefore “not exempt from FLSA overtime wage requirements on that basis” after the group was sued by a former agency manager who alleged he was improperly classified as a contractor to avoid employment requirements.
Court: USDC Western District of Texas , Judge: Gilliland, Filed On: May 16, 2023, Case #: 6:19cv679, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment, Labor
J. Meerveld, ruling on a mix of procedural issues in a labor dispute, denies requests by exotic dancers to decide “ultimate legal conclusions” central to their claims against the owners of several “gentlemen’s clubs.” For example, the dancers ask that the club owners admit that they were employees, not “independent contractors,” as the clubs argue. The court declines to decide “such a core issue” based on procedural grounds.
Court: USDC Eastern District of Louisiana , Judge: Meerveld, Filed On: May 15, 2023, Case #: 2:20cv2764, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Discovery, Labor
J. Hightower partially grants a motion to compel discovery filed by a bus company after it was sued by a driver in a collective action alleging that the company “failed to pay him and other similarly situated bus drivers overtime compensation.” The company proposed a settlement agreement, but those efforts ultimately fell apart, prompting the company to seek discovery on discussions about that proposal. While some of the information sought by the bus company is discoverable, other information is “protected by attorney-client privilege” or not relevant, and the company is not entitled to sanctions.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: May 15, 2023, Case #: 1:21cv349, NOS: Fair Labor Standards Act - Labor, Categories: Discovery, Class Action, Labor