Tag Archives: Unpaid Wages
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
W.D.Pa.: Security Guards Not Entitled to Be Paid For Pre- and Postliminary Work or Time Spent Cleaning Uniforms, As Required By Employer; Complaint Dismissed
Schwartz v. Victory Sec. Agency, LP This case was before the court on defendant’s motion to dismiss plaintiffs’ complaint for failure to state a claim. The plaintiffs, security guards employed by defendant, alleged that the defendant has failed to properly … Continue reading
Filed under Portal-To-Portal Act, Work Time
N.D.Cal.: Undocumented Worker’s Submission Of False Documents To Obtain Employment Has No Bearing On FLSA Claims For Unpaid Wages Or Liquidated Damages
Ulin v. Lovell’s Antique Gallery This case was before the Court on the parties’ cross motions for summary judgment on a variety of issues. As discussed here, the Defendants asserted that the Plaintiff, an undocumented immigrant, was not entitled to … Continue reading
Filed under Immigration Status, Liquidated Damages
Two Boca Raton Business Owners Accused Of Slavery Plead Guilty, Palm Beach Post Reports
The Palm Beach Post reports that: “Two Boca Raton business owners accused of pressing Filipino workers into slavery pleaded guilty to federal criminal charges, the U.S. Justice Department announced today. Sophia Manuel, 41, and Alfonso Baldonado Jr., 45, owners of … Continue reading
Filed under Minimum Wage, Wage and Hour News, Wage Theft
D.Kan.: “A & P Mechanic” Was Non-Exempt; Learned Professional Exemption Was Inapplicable, Because Plaintiff’s Work Was Routine Mechanical Work
Dressler v. Kansas Copters and Wings, Inc. This decision was rendered following a bench trial. Plaintiff an “A&P Mechanic” sought unpaid overtime pursuant to the Fair Labor Standards Act (“FLSA”). The Defendant asserted that Plaintiff was exempt from overtime under … Continue reading
Filed under Exemptions
2d. Cir.: Question Of Joint Employer Is Mixed Question Of Law And Fact, Properly Submitted To The Jury
Ling Nan Zheng v. Liberty Apparel Co. Inc. Plaintiffs-appellees were 25 Chinese garment workers living and working in New York City’s Chinatown. In 1999, they sued Liberty Apparel Company and its principals Albert Nigri and Hagai Laniado (collectively, “the Liberty … Continue reading
Filed under Employer
CareGroup, Staffers Settle Pay Lawsuit For Up to $8.5 Million, Boston Globe Reports
Today’s Boston Globe reports that: “Beth Israel Deaconess Medical Center and other CareGroup Inc. affiliates have agreed to settle a class-action lawsuit against the hospital chain that alleges workers were not paid for working through lunch breaks or beyond their … Continue reading
Filed under Settlements, Wage and Hour News
Arbitrator Rules That Massachusetts Trial Court System Must Pay Workers $30 Million In Retroactive Pay Increases, Boston Herald Reports
The Boston Herald is reporting that an Arbitrator has ruled that Massachusetts’ Trial Court system must pay its clerical workers $30 million in unpaid pay increases. “In what is being called the costliest settlement of its type in state history, the … Continue reading
Filed under Wage and Hour News
Miami-Dade County Passes New Wage Theft Ordinance, Miami Herald Reports
The Miami Herald reports that Miami-Dade “[c]ounty overwhelmingly passed a new ordinance to combat wage theft, making it easier for workers to bring legal action against employers who fail to pay them. Thursday’s vote comes after more than a year … Continue reading
Filed under Wage and Hour News, Wage Theft
D.Or.: FLSA Supports Award Of Attorney Fees For Post-Judgment Collection Efforts
Van Dyke v. BTS Container Service, Inc. After plaintiff prevailed in this FLSA case, Judgment was entered for $4,724.29 and a Supplemental Judgment for $35,248.10 in attorney fees and costs. Due to financial difficulties, Defendants failed to satisfy the judgment, … Continue reading
Filed under Attorney's Fees