Monthly Archives: June 2011
Direct Care Job Quality Improvement Act Would Amend the FLSA to Include Basic Labor Protections for Home Care Workers
The Direct Care Job Quality Improvement Act [S. 1273/H.R. 2341] – a bill that would help create a more stable, valued direct care workforce was introduced on 6/23/2011, by Rep. Linda Sanchez (D-CA) and Sen. Robert P. Casey, Jr. (D-PA). Senator Tom Harkin (D-IA), Chairman of … Continue reading
Filed under Exemptions, Wage and Hour News
9th Cir.: Group Home Housing “Severely Emotionally Disturbed” Children Not An “Institution Primarily Engaged in the Care of the Sick, the Aged, Mentally Ill”
Probert v. Family Centered Services of Alaska, Inc. This case was before the Ninth Circuit on the defendant’s appeal of an order granting plaintiffs- house parents at their various group homes of emotionally disturbed children- summary judgment, holding that each … Continue reading
Filed under Coverage
S.D.Ind.: Court Erred In Resolving MCA Exemption Issues on Motion for Conditional Certification; On Reconsideration Motion Granted
Thompson v. K.R. Drenth Trucking, Inc. This case was before the court on plaintiffs’ motion for reconsideration of the court’s order denying their motion for conditional certification of a collective action. The case arose out of allegations that defendants violated … Continue reading
Filed under Affirmative Defenses, Collective Actions, Exemptions
W.D.Pa.: Security Guards Not Entitled to Be Paid For Pre- and Postliminary Work or Time Spent Cleaning Uniforms, As Required By Employer; Complaint Dismissed
Schwartz v. Victory Sec. Agency, LP This case was before the court on defendant’s motion to dismiss plaintiffs’ complaint for failure to state a claim. The plaintiffs, security guards employed by defendant, alleged that the defendant has failed to properly … Continue reading
Filed under Portal-To-Portal Act, Work Time
D.Md.: For Application of Outside Sales Exemption, Any Fixed Site Used By Employee To Solicit Sales Is Considered Employer’s Place of Business
Speert v. Proficio Mortgage Ventures, LLC This case was before the court on the plaintiffs’ motion for partial summary judgment. The case concerned a group of mortgage loan originators who claimed they were wrongly denied minimum wages and overtime compensation … Continue reading
Filed under Exemptions
Are the FLSA’s Enterprise Coverage Requirements Outdated in Today’s Economy?
In his recent article, “Taking the Employer Out of Employment Law? Accountability for Wage and Hour Violations in an Age of Enterprise Disaggregation,” Professor, Timothy P. Glynn of Seton Hall School of Law makes a compelling argument that the answer … Continue reading
D.Colo.: Pizza Hut Delivery Drivers’ Minimum Wage Claims, Premised on Claim That Defendants Failed to Reasonably Estimate Vehicle-Related Expenses for Reimbursement Can Proceed; Defendants’ Motion to Dismiss Denied
Darrow v. WKRP Management, LLC This matter was before the Court on the defendants’ motion to dismiss plaintiff’s second amended complaint. Plaintiff, a Pizza Hut delivery driver, alleged that defendants, Pizza Hut franchisees, violated the Fair Labor Standards Act (“FLSA”) … Continue reading
Filed under Minimum Wage, Regular Rate, Tips
Florida’s Minimum Wage Increases to $7.31 Per Hour
The Florida minimum wage increased to $7.31 per hour, effective today, June 1, 2011. Florida law requires the Agency for Workforce Innovation to calculate an adjusted minimum wage rate each year. The annual calculation is based on the percentage change … Continue reading
Filed under Minimum Wage, State Law Claims
U.S.Jud.Pan.Mult.Lit.: 4 Off-the-Clock Cases Against Foot Locker Centralized to Venue of First-Filed Case
In re: FOOT LOCKER, INC. These proceedings were before the Multi District Panel, pursuant to 28 U.S.C. § 1407. The defendants (Foot Locker) moved to centralize several pending cases, all arising from similar claims, in the Eastern District of Pennsylvania. At … Continue reading
Filed under Multidistrict Litigation
