Category Archives: State Law Claims
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
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
Pennsylvania Laborers Like New Law That Defines “Employees,” Pittsburgh Post-Gazette Reports
The Pittsburgh Post-Gazette reports that a new law defining who is an employee (versue independent contractor) is being greated enthusiastically by Pennsylvania workers: “Union laborers are claiming victory now that Gov. Ed Rendell has signed a law aimed at curtailing … Continue reading
Oregon State Minimum Wage To Rise By .10¢ Per Hour In January, Stateman Journal Reports
StatemanJournal.com is reporting that Oregon is set to raise the State Minimum Wage by .10¢ per hour in January. “Oregon’s minimum wage will rise to $8.50 per hour on Jan. 1, State Labor Commissioner Brad Avakian said Monday. The 10-cent … Continue reading
Filed under Minimum Wage, State Law Claims, Wage and Hour News
D.Nev.: FLSA Precluded Nevada State Law Class Action
Daprizio v. Harrah’s Las Vegas, Inc. This case was before the Court on Defendant’s Motion to Dismiss Plaintiffs’ state law claims on several grounds. As discussed here, the Court ruled that the FLSA precludes Nevada State Law Class Action claims. … Continue reading
Filed under Hybrid, State Law Claims
W.D.Ark.: FLSA Does Not Preempt State Common Law Claims; Claims Dismissed On Other Grounds
Montize v. Pittman Properties Ltd. Partnership No.1 This case was before the Court on one of the Defendant’s Motion for Partial Judgment on the Pleadings filed. The Plaintiffs did not file any response to the Motion. Of interest, the Court held that certain … Continue reading
Filed under Preemption, State Law Claims
9th Cir.: Complaint That Failed To Allege Entity Exercised Control Over Nature And Structure Of The Employment Relationship Did Not Properly Allege Defendant Was “Employer”
Dianda v. PDEI, Inc. Plaintiff-appellant Joseph Dianda worked for two days as a “best boy” in the production of a television commercial, but was allegedly paid three days late. Dianda sued the production company and PDEI, Inc. (“PDEI”) for various … Continue reading
Filed under Employer, Pleadings, State Law Claims
D.Mass.: Skycaps’ State Law Claims Preempted By Airline Deregulation Act Of 1978 (ADA)
Travers v. JetBlue Airways Corp. Skycaps, who assist airline passengers with the curbside check-in of their luggage, receive most of their compensation in the form of tips paid by the passengers. The plaintiffs, past and present skycaps for JetBlue Airways … Continue reading
Filed under State Law Claims
