Author Archives: Andrew Frisch
E.D.Wisc.: Plaintiff Who Helped Set Up Defendants’ Business Was an Employee Subject to FLSA Coverage, Not a Volunteer
Okoro v. Pyramid 4 Aegis This case was before the Court on the plaintiff’s motion for summary judgment on a variety of issues. As discussed here, the plaintiff sought a finding that she was entitled to minimum wages under the … Continue reading
2 Recent Decisions Hold That an Employer-Defendant Cannot Avoid Liquidated Damages By Relying on Involuntary Administrative Governmental Audits
As FLSA cases have proliferated in recent years, among the formally sleepy areas of jurisprudence that has seen a dramatic rise in litigation is the so-called “good faith” defense. Although in its earliest years the FLSA provided for mandatory liquidated … Continue reading
Filed under Affirmative Defenses, Liquidated Damages
W.D.N.Y.: Defendant’s Attorneys’ Billing Records Relevant and Discoverable Where Defendant Put Reasonableness of Hours and Rates Charged by Employee’s Attorneys at Issue, By Opposing Plaintiffs’ Motion For Attorneys’ Fees
Mendez v. Radec Corp. Following an order granting the parties’ joint motion for approval of settlement agreement, the plaintiff moved for award of attorneys’ fees and renewed his motion to reopen discovery to discover defense counsel’s billing records. Over defendant’s … Continue reading
Filed under Attorney's Fees, Discovery
N.D.Cal.: “Annual Leave” Buy-Back, Consisting of Both Vacation and Sick Leave, Need Not Be Included in Regular Rate (or OT) Calculations
Balisteri v. Menlo Park Fire Protection Dist. This case was before the court on the parties’ cross-motions for summary judgment. Plaintiffs asserted 2 distinct claims: one for time spent donning and doffing their firefighter uniforms for temporary assignment, and one … Continue reading
Filed under Regular Rate
S.D.N.Y.: Delay Caused By the Time Required for Court to Rule on Motion for Conditional Certification Is ‘Extraordinary Circumstance’ Justifying Equitable Tolling
McGlone v. Contract Callers, Inc. This case was before the court on plaintiff’s motion for conditional certification of a collective action, seeking to permit court approved notice. The court noted that another court, presented with a similar motion for conditional … Continue reading
Filed under Collective Actions, Equitable Tolling
E.D.N.Y.: Where 20% Gratuity Constituted Recommended Tip, Not Mandatory Service Charge, It Was Properly Excluded From Calculation of Regular Rate and Overtime
Ellis v. Common Wealth Worldwide Chaueffuered Transp. of NY, LLC This case was before the court on the parties’ cross-motions for summary judgment and plaintiff’s related motion to strike. As discussed here, one of the issues before the court was … Continue reading
Filed under Tips
E.D.Pa.: Following Third Circuit Precedent, Pharmaceutical Rep Administratively Exempt
Kesselman v. Sanofi-Aventis U.S. LLC Continuing a split with virtually every other circuit, another court within the Third Circuit has held that a pharmaceutical representative, performing typical duties is administratively exempt under the FLSA (and PMWA, which requires exercise of … Continue reading
Filed under Exemptions
N.D.Ill.: Plaintiffs’ Motion for “Partial Decertification,” Seeking Subclasses by State Granted
Medina v. Happy’s Pizza Franchise, LLC In an emerging trend in FLSA cases, this case was before the court on the plaintiffs’ motion for decertification. The motion followed the defendants’ motion to dismiss, pursuant to FRCP 19, for failure to … Continue reading
Filed under Collective Actions, Decertification
3d Cir.: Hybrids Are Permissible; Rule 23, FLSA Claims Not Incompatible
Knepper v. Rite Aid Corp. In one of the most anticipated wage and hour decisions pending at the circuit court level, the Third Circuit held yesterday that Rule 23 state law wage and hour class actions (opt-out) are not inherently … Continue reading
Filed under Class Certification, Collective Actions, Hybrid
