Category Archives: Experts

4th Cir.: When Salaried Employees Were Misclassified, Damages Properly Calculated At “Half-Time” Rather Than Time And A Half

Desmond v. PNGI Charles Town Gaming, L.L.C. As discussed here previously, this was the second time this case ended up at the 4th Circuit.  Previously, the 4th Circuit had vacated the trial court’s Order determining the plaintiff’s to be administratively … Continue reading

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E.D.La.: Notwithstanding The Use Of A 212 Hour Month In Collective Bargaining Agreement (CBA), City Failed To Provide Adequate Proof It Adopted A 28-day Work Period As Required For § 207(k) Exemption

Miley v. City of Bogalusa Fire suppression and prevention employees of the City of Bogalusa (the City) filed a complaint against the City to recover overtime, liquidated damages, and attorney’s fees, pursuant to the FLSA.  The firefighters work a three-day … Continue reading

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W.D.Wash.: FLSA Plaintiff’s Proffered Expert Testimony Admissible Under FRE 702

Dixon v. City of Forks This case was before the Court on Defendant’s motion to exclude Plaintiff’s proposed expert testimony, from 2 separate experts. The Court denied the motion, after applying FRE 702′s requirements for expert testimony. The primary claims … Continue reading

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N.D.Cal.: Former DOL Wage and Hour Investigator Struck As Expert Because Cannot Testify As A “Legal Expert”

Valladon v. City of Oakland Defendant sought to use a former DOL Wage and Hour Investigator as their expert to defend this FLSA claim. While working at the Department of Labor (“DOL”), Ms. Kramer gained expertise on Department of Labor … Continue reading

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