Monthly Archives: May 2011
S.D.Tex.: Defendant’s Motion to Dismiss Collective Action Allegations Denied; Argument Inappropriately Raised at Pleading Stage
Richardson v. Wells Fargo Bank, N.A. This case was before the court on the Motion to Dismiss Collective Action Allegations, or, in the Alternative, Motion for More Definite Statement (“Motion”). Plaintiff, a former personal banker for Wells Fargo, filed this … Continue reading
Filed under Collective Actions
2d. Cir.: Award of Attorney’s Fees for All Time Worked Cannot Be Based Solely Upon Court’s Observation of Counsel
Scott v. City of New York This case was before the Second Circuit for the second time on the issue of attorney’s fees. The plaintiffs prevailed in the underling case, but the plaintiffs’ attorney failed to keep contemporaneous time records. … Continue reading
Filed under Attorney's Fees
M.D.Tenn.: Contract Cleaners Not Joint Employees of the Restaurants Cleaned, Despite Fact They Exclusively Cleaned Defendant’s Restaurants
Politron v. Worldwide Domestic Services, LLC Plaintiffs filed this action for unpaid wages and overtime pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq. Plaintiffs’ alleged that they were hired by Defendant Worldwide Domestic Services, … Continue reading
Filed under Employer
C.D.A.C.: Court Declines to Adopt “Economic Reality” Test and Confirms Prisoners Are Not Covered by FLSA
Shipley v. Woolrich, Inc. This case was before the court on plaintiff’s appeal of an order dismissing his FLSA case below, based on the fact that, as a federal prisoner, he was not an employee subject to FLSA coverage. The district court … Continue reading
2d. Cir.: Where Employee’s Falsification of Time Records Was Carried Out at Employer’s Behest, Employer Cannot Be Exonerated by Fact That Employee Entered Erroneous Hours on Timesheets
Kuebel v. Black & Decker Inc. This case was before the Second Circuit on Plaintiff’s appeal of an order awarding Defendant summary judgment. Plaintiff asserted two distinct claims below: (1) that work performed on his PDA and in Defendant’s computer … Continue reading
Filed under Recordkeeping, Work Time
E.D.Va.: Plaintiff Alleged Actionable Retaliation Claim, Where Asserted Former Employer Denied Him Work as Independent Contractor In Retaliation for Testimony in Co-Employee’s Case
Boscarello v. Audio Video Systems, Inc. In this Fair Labor Standards Act (FLSA) retaliation action, a former employee sued his former employers alleging that defendants retaliated against him, in violation of 29 U.S.C. § 215(a)(3), by refusing to provide him … Continue reading
Filed under Independent Contractor vs Employee, Retaliation
M.D.La.: Defendant Not Entitled to FWW in Salary Misclassification Case, Where Failed to Pay Plaintiff “Fixed Salary” as Required by 778.114
McCumber v. Eye Care Center of America, Inc. This case was before the court on the parties cross-motions seeking summary judgment. As discussed here, the court held that Plaintiff’s unpaid overtime damages, if any, were to be calculated using the … Continue reading
Filed under Damages, Fluctuating Workweek, Salary Basis
6th Cir.: Applying “Primary Benefit” Test, Students in Work-Study Program Were Not Employees Under FLSA
Solis v. Laurelbrook Sanitarium and School, Inc. This case was before the Sixth Circuit on the Secretary of Labor’s appeal of the decision below, holding that the student-workers at Defendant’s sanitarium were not “employees” under the FLSA, and thus, were … Continue reading
Filed under Coverage, Minimum Wage, Training Time
