Tag Archives: Overtime Law
5th Cir.: Member of LLC Lacked Sufficient Day-to-Day Involvement In Operation of Nightclub to be “Employer” Under FLSA
Gray v. Powers This case was before the Fifth Circuit on Plaintiff’s appeal of an Order granting an individual defendant summary judgment, having held that there were insufficient facts to render the individual defendant to be an “employer” subject to … Continue reading
Filed under Employer
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Laboratories, Inc. Jafari v. Old Dominion Transit Management Co. In two new opinions, one published (Minor) and one unpublished (Jafari) the Fourth Circuit confirmed that post-Kasten, intracompany complaints of FLSA violations are sufficient to trigger the protections … Continue reading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
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
C.D.Cal.: Where Defendant’s Rounding Policy Was Facially Neutral No FLSA Violation
Alonzo v. Maximus, Inc. In this case, brought under the FLSA and California State laws, plaintiffs alleged a variety of wage and hour violations, including failure to include all appropriate compensation when calculating regular rates (and resulting overtime premiums), unpaid … Continue reading
Filed under Recordkeeping, Work Time
S.D.Ohio: 21 Late Opt-ins May Be Properly Added Despite Lack of Good Cause Showing
Heaps v. Safelite Solutions, LLC This case was before the court on the defendant’s motion to strike the consents of opt-in plaintiffs filed after the court-imposed deadline (45 days from mailing of notice), and plaintiff’s cross-motion for order allowing late opt–ins. … Continue reading
Filed under Collective Actions
S.D.N.Y.: Collective Action Waiver Unenforceable Because It Would Prevent Employees From Vindicating Their Substantive Statutory Rights Under the FLSA
Raniere v. Citigroup Inc. In an issue appearing more and more these days, this case was before the court on the defendant’s motion to compel arbitration on an individualized basis. Although the plaintiffs raised several issues regarding the enforceability of … Continue reading
Filed under Class Waivers, Collective Actions
DOL to Issue Notice of Proposed Rulemaking to Amend the Companionship and Live-In Worker Regulations
The DOL announced yesterday that it would be issuing proposed amended rules regarding companionship and live-in workers’ eligibility for overtime under the FLSA. A preview of the announcement from the DOL’s website explains: “While Congress expanded protections to “domestic service” … Continue reading
Filed under Department of Labor, Exemptions
N.D.Cal.: Defendant’s Motion to Compel Depositions of 3 Named Plaintiffs and 25 Opt-ins in Venue Where Case Pending Denied Due to Financial Concerns
Gee v. Suntrust Mortg., Inc. This case was before the court on the defendant’s motion to compel the three named plaintiffs and twenty-five opt-in plaintiffs who live in twenty-five different cities across the country to appear for depositions in San … Continue reading
Filed under Collective Actions, Discovery
M.D.Tenn.: Contractual Limitation of FLSA Claims to One Year SOL Unenforceable; Provision Severed and Arb Agreement Enforced
Pruiett v. West End Restaurants, LLC Before the court in this putative collective action were the defendants’ motion to dismiss and remand the case to arbitration, as well as plaintiffs’ motion to conditionally certify the case as a collective action. … Continue reading
Filed under Arbitration
