Monthly Archives: April 2010
9th Cir.: Complaint That Failed To Allege Entity Exercised Control Over Nature And Structure Of The Employment Relationship Did Not Properly Allege Defendant Was “Employer”
Dianda v. PDEI, Inc. Plaintiff-appellant Joseph Dianda worked for two days as a “best boy” in the production of a television commercial, but was allegedly paid three days late. Dianda sued the production company and PDEI, Inc. (“PDEI”) for various … Continue reading
Filed under Employer, Pleadings, State Law Claims
D.N.J.: Defendants’ Purported Use Of Fluctuating Workweek (FWW) Violated FLSA, Because There Was No “Fixed” Amount As Straight Time Pay; Docking Of Pay, Although Infrequent Violated FLSA; Time And A Half Damages Due
Brumley v. Camin Cargo Control, Inc. This matter was before the Court on the cross-motions for summary judgment filed by Defendant and Plaintiffs, on a variety of issues arising from Defendant’s purported use of the Fluctuating Workweek (FWW), to calculate … Continue reading
Filed under Damages, Fluctuating Workweek
U.S.Jud.Pan.Mult.Lit.: 12 Cases Against Bank of America For “Personal Bankers” Claiming Off-the-Clock Work Transferred to Kansas For Discovery, Because First-Filed There, Central Location, Lighter Docket And Capable Judge
In re Bank of America Wage and Hour Employment Practices Litigation Defendants Bank of America moved, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings of this litigation, consisting of 12 different related actions, in the Central … Continue reading
Filed under Multidistrict Litigation
11th Cir.: Rehearing En Banc Denied On Refusal To Award Prevailing FLSA Plaintiff Attorney’s Fees; Strong Dissents
Sahyers v. Prugh, Holliday & Karatinos, P.L. In a decision discussed here previously, the 11th Circuit had affirmed the trial court’s decision to award no attorneys fees or costs, in a case where they reasoned that attorney civility towards one … Continue reading
Filed under Attorney's Fees
E.D.Va.: Applicant For A Job May Not Assert An Action For FLSA Retaliation, Because Not A Covered “Employee” Of The Potential Employer
Dellinger v. Science Applications Intern. Corp. This case was before the Court on a Motion to Dismiss filed by Defendant. Plaintiff alleged that Defendant violated the anti-retaliation provision of the Fair Labor Standards Act (“FLSA”) codified at 29 U.S.C. § … Continue reading
Filed under Employer, Retaliation
5th Cir.: Defendants’ Purported Day-Rates Were Impermissible Where They Made Deductions For Partial Days Worked
Solis v. Hooglands Nursery, L.L.C. This is an appeal from the district court’s order granting summary judgment for Plaintiff on behalf of various employees of Defendants. The district court held that the Defendants violated the overtime and record-keeping provisions of … Continue reading
Filed under Day Rates, Liquidated Damages, Work Time
11th Cir.: “Dual Assignment” Regulation Still In Full Affect; Whether An Employee With Police And Fire Duties Is Entitled To Overtime Based On Which Duties Take Up Majority Of Working Time
Cremeens v. City of Montgomery The Appellants, fire investigators for the City of Montgomery’s fire department, appealed the dismissal via summary judgment of their collective action seeking overtime pay from the city. Their appeal raised the question of the continuing … Continue reading
Filed under Exemptions, Municipal Employees
11th Cir.: Although § 255(a)’s Statute Of Limitations Is An Affirmative Defense That Must Be Specifically Pled, Defendants Sufficiently Did So With Language Referencing 2-3 Year Period In Their Pleadings
Following a jury verdict in favor of the Defendants, the Plaintiff appealed, based on a jury instruction the Court gave regarding the FLSA’s 2-3 statute of limitations. Specifically, the Plaintiffs asserted that the Court erred in giving an instruction framing … Continue reading
Filed under Affirmative Defenses, Pleadings
N.D.Ga.: “Yard Hostler” Not Exempt Under The Motor Carrier Act; Defendant Failed To Show That He “Affected The Safety Or Operation Of Motor Vehicles In Transporting Property In Interstate Or Foreign Commerce On The Public Highways”
Billingslea v. Southern Freight, Inc. The case was before the Court on Defendant’s motion for summary judgment. Defendants’ sought summary judgment finding that Plaintiff, a “yard hostler,” was exempt from the overtime provisions of the FLSA. Although it was not … Continue reading
Filed under Exemptions
Growth of Unpaid Internships May Be Illegal, New York Times Reports
Today’s NY Times reports that there is a growing trend of employers, who illegally deem workers, entitled to be paid at least minimum wage, to be unpaid “interns.” The article reports that, “[w]ith job openings scarce for young people, the … Continue reading
Filed under Minimum Wage, Wage and Hour News, Wage Theft
