Monthly Archives: December 2010
5th Cir.: Severance Payment Not A Set-off To FLSA Damages for Unpaid Overtime
Martin v. PepsiAmericas, Inc. Plaintiff sued her former employer, to recover unpaid overtime wages allegedly due under the Fair Labor StandardsAct (“FLSA”), 29 U.S.C. § 201 et seq. The district court granted Defendant’s motion to dismiss for lack of subject … Continue reading
Filed under Affirmative Defenses
S.D.Tex.: Defendants’ Motion For Protective Order, Seeking To Bar Plaintiffs’ Attorneys From Communicating With Putative Class Denied; No Evidence Of Coercive, Misleading, Or Improper Communications
McKnight v. D. Houston, Inc. In this collective action under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., Plaintiffs sued six strip clubs in Houston, along with the owners and operators. The court conditionally certified a class … Continue reading
Filed under Collective Actions, Tips
11th Cir.: Trial Court Erred In Allowing Defendants To Amend Their Affirmative Defenses At Trial To Add Previously Unpled Exemption
Diaz v. Jaguar Restaurant Group, LLC Plaintiff filed a lawsuit against Defendants, her former employer, for unpaid overtime wages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201–216. During trial, the district court allowed Jaguar to amend its … Continue reading
Filed under Affirmative Defenses, Exemptions, Trial
W.D.Tex.: Emotional Distress and Punitive Damages Unavailable In FLSA Retaliation Claim
Douglas v. Mission Chevrolet In addition to seeking unpaid overtime wages and liquidated damages under the FLSA, the Plaintiff alleged that he was entitled to emotional distress and/or punitive damages as a result of claimed retaliation in violation of the … Continue reading
Filed under Damages, Retaliation
2d. Cir.: Contested Attorney’s Fee Petition Must Be Accompanied By Contemporaneous Time Records
Scott v. City of New York After prevailing at trial, the Plaintiff in this Fair Labor Standards Act (FLSA) case, moved for an award of attorney’s fees and costs pursuant to 216(b). The Defendant opposed the amount of attorney’s fees … Continue reading
Filed under Attorney's Fees
