Monthly Archives: January 2010
W.D.Mich.: FLSA Permits Successful Plaintiff To Recover Costs Which Are ‘Normally Charged To A Fee-paying Client’ In Addition To Those Enumerated In § 1920
Carlson v. Leprino Foods Co. This case was before the Court on both parties’ objections to the Report and Recommendation (R&R) issued by the Magistrate Judge regarding an award of fees and costs following the settlement of a collective action. … Continue reading
Filed under Attorney's Fees, Settlements
3rd Cir.: Helicopter Pilots Are Not “Learned Professional” Exempt, Because No Specialized Academic Training Required
Pignataro v. Port Authority of New York and New Jersey This case was before the Court on the parties cross-appeals. The Court below granted Plaintiffs, helicopter pilots employed by Defendants, summary judgment, holding that, as a matter of law, helicopter … Continue reading
Filed under Exemptions
11th Cir.: Receipt And Signing WH-58 Form And Cashing Of The Employer’s Check Is Sufficient To Effect A Waiver Of Right To Sue Under FLSA
Blackwell v. United Drywall Supply Plaintiffs were employed by Defendants. In September 2007, they sued Defendants pursuant to the Fair Labor Standards Act (FLSA). Plaintiffs alleged that, from 2002 forward, Defendants intentionally violated the Act by failing to pay them … Continue reading
Filed under Affirmative Defenses, Department of Labor, Settlements
M.D.Ga.: Dollar General “Store Manager” May Have Been Misclassified As Executive Exempt; Defendant’s Motion For SJ Denied
Myrick v. Dolgencorp, LLC Pending before the Court was Defendant Dolgencorp, LLC’s (Dollar General) Motion for Summary Judgment, seeking an Order holding that Plaintiff, a “Store Manager” was subject to the Executive Exemption to the FLSA, and not entitled to … Continue reading
Filed under Exemptions
D.Or.: FLSA Supports Award Of Attorney Fees For Post-Judgment Collection Efforts
Van Dyke v. BTS Container Service, Inc. After plaintiff prevailed in this FLSA case, Judgment was entered for $4,724.29 and a Supplemental Judgment for $35,248.10 in attorney fees and costs. Due to financial difficulties, Defendants failed to satisfy the judgment, … Continue reading
Filed under Attorney's Fees
Low-wage Workers Suffer High Rate Of Workplace Abuse and Wage Theft, UCLA Survey Shows
UCLA Today, a periodical covering faculty and staff news at UCLA has released a story summarizing the findings of a recent study conducted by 3 UCLA researchers, that examined the frequency of labor and wage abuses against low-wage workers in … Continue reading
Filed under Minimum Wage, Wage and Hour News, Wage Theft
