Monthly Archives: February 2012
D.N.J.: Absent Exercise of Discretion in Loading Trucks, Loader Not Subject to Motor Carrier Act (MCA) Exemption
Chellis v. New Century Transp., Inc. This case was before the court on the defendant’s motion to dismiss the complaint for failure to state a claim. Defendant asserted that, on its face, plaintiff’s complaint demonstrated that plaintiff was exempt under … Continue reading
Filed under Exemptions
W.D.N.Y.: Common Law Claims Not Preempted To the Extent They Provide a Remedy Not Available Under the FLSA
Gordon v. Kaleida Health In an unusual procedural posture, this case was before the court on plaintiffs’ motion to remand their state common law claims, based on lack of subject matter jurisdiction. The court held that it had subject matter … Continue reading
Filed under Class Certification, State Law Claims
4th Cir.: Intracompany Complaints Regarding FLSA Violations Are Protected Activity Within the Meaning of Anti-Retaliation Provision of 29 U.S.C. § 215(a)(3)
Minor v. Bostwick Laboratories, Inc. Jafari v. Old Dominion Transit Management Co. In two new opinions, one published (Minor) and one unpublished (Jafari) the Fourth Circuit confirmed that post-Kasten, intracompany complaints of FLSA violations are sufficient to trigger the protections … Continue reading
Filed under Retaliation
2 New Decisions Regarding Enforcement of Arbitration Agreements in Context of FLSA Claims Reach Opposite Results
Recent weeks have brought more opinions regarding the issue of whether specific arbitration agreements are enforceable. However, as two recent opinions show, these decisions continue to be fact-specific in virtually all instances, and judge and/or state-law specific in others. In … Continue reading
Filed under Arbitration, Class Waivers, Collective Actions
