Tag Archives: 29 U.S.C. § 216(b)
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
S.D.Fla.: Defendants Did Not Moot FLSA Case By Tender of Unpaid Wages and Liquidated Damages Without Attorneys Fees and Costs
Diaz v. Jaguar Restaurant Group, LLC In the first post-Dionne II case, a court in the Southern District has denied an FLSA defendants’ motion to dismiss based on tender of unpaid wages and liquidated damages, absent payment of attorneys fees … Continue reading
Filed under Attorney's Fees
11th Cir.: Following Tender of Unpaid Wages and Liquidated Damages, an Employer Only Moots a Case if the Plaintiff Agrees to Dismissal, Absent Payment of Mandatory Fees and Costs
Dionne v. Floormasters Enterprises, Inc. Following a controversial opinion that created more questions than it answered, the Eleventh Circuit reconsidered it’s prior Opinion in this case and in so doing largely restricted its holding to the unique facts presented in the … Continue reading
Filed under Attorney's Fees, Wage Theft
E.D.Pa.: Dukes Does Not Affect Court’s Analysis On 216(b) Conditional Cert Motion; Defendant’s Motion to Reconsider Denied
Spellman v. American Eagle Exp., Inc. In one of the first decisions, post-Dukes, to clarify what affect the Supreme Court’s recent decision will have on conditional certification of FLSA cases, the answer appears to be not much. In Dukes, the … Continue reading
S.D.N.Y.: SOL Equitably Tolled, Where Decision on Plaintiffs’ Motion for Conditional Certification Delayed, Notwithstanding Plaintiffs’ Diligence In Pursuing Same
Yahraes v. Restaurant Associates Events Corp. This case was before the court on plaintiffs’ motion seeking equitable tolling of their FLSA claims. During oral argument on plaintiffs’ motion to certify that this case may proceed as a collective action pursuant … Continue reading
Filed under Equitable Tolling
2d. Cir.: Contested Attorney’s Fee Petition Must Be Accompanied By Contemporaneous Time Records
Scott v. City of New York After prevailing at trial, the Plaintiff in this Fair Labor Standards Act (FLSA) case, moved for an award of attorney’s fees and costs pursuant to 216(b). The Defendant opposed the amount of attorney’s fees … Continue reading
Filed under Attorney's Fees
E.D.Va.: Notwithstanding Prior Conditional Certification Of Almost Identical Class, Class Conditionally Certified
Pollard v. GPM Investments, LLC This case was before the court on the plaintiff’s motion for conditional certification. The defendant opposed the motion on several grounds. As discussed here, the court rejected the defendant’s arguments that conditional certification was inappropriate … Continue reading
Filed under Collective Actions
W.D.Mo.: Where Over 1,000 Opt-ins, “Full Discovery” Targeting All Class Members Inappropriate
Dernovish v. AT&T Operations, Inc. This case involved a collective action brought under the Fair Labor Standards Act (“FLSA”). Plaintiffs, call center employees, alleged that Defendant failed to pay them for some time spent working, while they were in the … Continue reading
Filed under Collective Actions, Discovery
D.S.C.: South Carolina Is Sovereign Immune From FLSA Suits Seeking Money Damages
Morris v. South Carolina Dept. of Corrections In this case Plaintiff, an employee of the South Carolina Department of Corrections (“SCDC”), sought compensation for overtime work under Section 16(b) of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b). … Continue reading
Filed under Sovereign Immunity
7th Cir.: District Court Erred In Dismissing FLSA Claims; Court Was Required To Consider Most Efficient Way To Adjudicate Claims and Subclaims; Plaintiffs Have Right To Pursue Claims Individually
Alvarez v. City of Chicago In this case a collective action had previously been consolidated with a multiple-Plaintiff non-collective action. Each of the Plaintiffs presented a variety of claims and between the hundreds of plaintiffs there were 10 different types … Continue reading
Filed under Collective Actions, Municipal Employees
