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N.D.Ala.: Arbitration Agreements Obtained From Current Employees After...
Billingsley v. Citi Trends, Inc. This case was before the court on the plaintiffs’ motion for conditional certification as well as the plaintiffs’ motion for corrective action regarding meetings the...
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N.D.Cal.: Agreement to Shorten Statute of Limitations to Six Months...
Bowlin v. Goodwill Industries of Greater East Bay, Inc. This case was before the court on the plaintiff’s motion for partial summary judgment as to the defendant’s twenty-sixth affirmative defense,...
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N.D.Tex.: Debt Settlement Company Not a “Retail or Service Establishment”
Parker v. ABC Debt Relief, Ltd. Co. This case was before the court on the parties’ cross motions for summary judgment, regarding a variety of issues. As discussed here, one of the issues concerned the...
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E.D.N.Y.: In the Context of Litigation, Where Plaintiff Represented by...
Picerni v. Bilingual Seit & Preschool Inc. This case was before the Court on the Plaintiff’s motion to approve settlement, following his acceptance of an offer of judgment tendered by defendant...
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D.Idaho: Collective Action Waiver Unenforceable Under Section 7, Because It...
Brown v. Citicorp Credit Services, Inc. This case was before the court on the defendant’s motion to compel arbitration and dismiss the plaintiffs operative (second amended) complaint. Of significance,...
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U.S.S.C.: Where Named Plaintiff Acknowledged That Unaccepted OJ Mooted Her...
Genesis Healthcare Corp. v. Symczyk What effect, if any, does an unaccepted “full relief” offer of judgment have on the ability of a named plaintiff to continue with his or her putative collective...
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U.S.S.C.: High Court Declines to Decide Whether a “Full” Monetary Offer...
Convergent Outsourcing, Inc. v. Zinni On the heels of last month’s Genesis Healthcare Corp. v. Symczyk, the Supreme Court had the chance to decide a case which actually would help define the true...
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U.S.S.C.: Arbitration Agreement “Silent” as to Class Actions Allows For Same
Oxford Health Plans LLC v. Sutter Although not an FLSA case, this case has far ranging effects throughout the litigation and arbitration worlds. The issue presented to the Court was whether an...
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2 Recent Decisions Apply Common Law Test for Successor Liability to FLSA...
As previously discussed here, the law regarding successor liability in the context of FLSA claims continues to develop. In two recent decisions, the Seventh Circuit and a District Court from within the...
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9th Cir.: Hybrid Actions Permissible; State Law Opt-out Class May Proceed In...
Busk v. Integrity Staffing Solutions, Inc. As more and more circuit courts come into conformity and hold that so-called hybrid actions—where employees seek to certify state law claims as opt-out class...
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S.D.Tex.: Defendant (Group Home) May Not Exclude Sleep Time Where Plaintiff...
Boman v. All The Little Things Count, L.L.C. This case was before the court on plaintiff’s motion for summary judgment. As discussed here, plaintiff asserted that the defendants—a group home and it’s...
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LPNs, Commercial Cleaners and Cable Installers: Recent Decisions Continue to...
As the workforce becomes more and more aware of the differences between true independent contractors and employees under the FLSA—the latter entitled to minimum wages and overtime premiums under the...
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S.D.Ohio: Stage I Scrutiny Applied to Motion for Conditional Certification,...
Engel v. Burlington Coat Factory Direct Corp. In a scenario that seems to be playing out more and more throughout the country, given the prevalence of FLSA collective action filings, this court was...
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D.Nev.: Statute of Limitations Tolled for Employees Who Opted Into...
Orduna v. Champion Drywall, Inc. This case was before the court on multiple motions, including plaintiff’s motion for tolling the statute of limitations. As discussed here, the precise issue before the...
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6th Cir.: Employment Contract That Purported to Shorten FLSA Statute of...
Boaz v. FedEx Customer Information Services Inc. Employers continue to include language in employment contracts which purports to shorten the statute of limitations applicable to FLSA claims. By law,...
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D.Mass.: Where 10% of Business Comprised of Sales of Automobiles, Defendant...
Carroca v. All Star Enterprises and Collision Center Inc. Although not often the subject of litigation, pursuant to 29 U.S.C. § 213(10)(a), certain employees of automobile dealerships are exempt from...
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DOL Announces Final Rule Extending Minimum Wage and Overtime Pay to Home...
In an announcement that has long been awaited by workers advocates and those in the home health industry as well, today the United States Department of Labor (DOL) announced a final rule, to go into...
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8th Cir.: Unauthorized Aliens May Sue Under the FLSA to Recover Damages for...
Lucas v. Jerusalem Cafe, LLC Following a jury verdict, in favor of the plaintiff-employees, the defendant-employer appealed. As discussed here, the defendant-employer contended that plaintiffs,...
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S.D.Fla.: Contractor Engaged in Heavy-Duty Cleaning of Airplanes Not...
Roca v Alphatech Aviation Services, Inc. In this case, an employee sued his employer, a company that provided heavy-duty cleaning of airplanes, alleging failure to pay overtime in violation of the Fair...
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N.D.Ga.: Where Weekly Compensation of RNs and PTs Not Guaranteed and...
Rindfleisch v Gentiva Health Services, Inc As discussed here, this case was before the court on the parties’ respective cross-motions for summary judgment. Plaintiffs, registered nurses (RNs) and...
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