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Jan 31, 2018

Labor & Employment – FLSA Claim – Retaliation Allegation – Demand for Documentation or Repayment

Baclawski v. Fioretti (Lawyers Weekly No. 004-001-18, 15 pp.) (David Keesler, USMJ) 3:15-cv-00417; W.D.N.C. Holding: Upon plaintiff’s resignation and her demand for overtime pay, defendant Fioretti sent her an email demanding either repayment of $22,000 in expenses or documentation of those expenses. It is clear from plaintiff’s forceful response, which indicated that she was sure […]

Jan 17, 2018

Labor & Employment – FLSA attorneys’ fee award vacated

Randolph v. PowerComm Const. Inc. (Lawyers Weekly No. 006-001-18, 8 pp.) (Per curiam) No. 16-2370, Oct. 31, 2017; USDC at Greenbelt, Md. (Hazel, J.) 4th Cir. Unpub. Holding: In awarding attorneys’ fees, the district court failed to exclude time spent for plaintiffs whose claims were time-barred; it also incorrectly determined the percentage of sought damages actually won. Plaintiff […]

Nov 20, 2017

Labor & Employment – FLSA – Overtime – Truck Drivers – Mixed Fleet

Schilling v. Schmidt Baking Co. (Lawyers Weekly No. 001-200-17, 13 pp.) (Barbara Milano Keenan, J.) 16-2213; Nov. 17, 2013; USDC at Baltimore, Md. (J. Frederick Motz, S.J.) 4th Cir. Holding: Employees who spent 65 to 85 percent of their time making deliveries, using a mixed fleet of vehicles, some of which weighed more than 10,000 […]

Aug 29, 2017

Labor & Employment – FLSA – Overtime – Collective Action – Hearsay – Home Healthcare Workers

Hollis v. Alston Personal Care Services, LLC (Lawyers Weekly No. 003-016-17, 15 pp.) (William Osteen, J.) 1:16-cv-01447; M.D.N.C. Holding: At the stage of certifying a collective action under the Fair Labor Standards Act, the court agrees with other district courts in the Fourth Circuit and will consider hearsay from plaintiff’s conversations with her co-workers regarding […]

Jun 1, 2017

Labor & Employment – FLSA – Civil Practice – Subject Matter Jurisdiction – Tort/Negligence

Williams v. Imeni (Lawyers Weekly No. 002-027-17, 16 pp.) (Louise Flanagan, J.) 5:16-cv-00516; E.D.N.C. Holding: Although the Fourth Circuit has not addressed the issue, since the FLSA places annual gross sales and enterprise coverage limitations in the definitions section of the FLSA and does not suggest that they are jurisdictional, the court follows other circuits […]

Jun 1, 2017

Labor & Employment – FLSA – Tipped Employees – 20 Percent Rule – DOL Handbook

Chavez v. T&B Management, LLC (Lawyers Weekly No. 003-013-17, 30 pp.) (Thomas Schroeder, J.) 1:16-cv-01019; M.D.N.C. Holding: Plaintiffs are servers and bartenders who contend that defendants have violated the Fair Labor Standards Act by paying them less than minimum wage (before tips) and then requiring them to spend more than 20 percent of their time […]

Aug 17, 2016

Labor & Employment – Subcontract Does Not Bar FLSA Claim

Amaya v. Power Design Inc. (Lawyers Weekly No. 001-136-16, 22 pp.) (Diaz, J.) No. 15-1691, Aug. 15, 2016; USDC at Baltimore, Md. (Motz, J.) 4th Cir. Holding: In this suit by 20 electrical workers for unpaid hourly and overtime wages for work on a federally funded subcontract, the 4th Circuit vacates summary judgment for the […]

Jan 27, 2016

Labor & Employment – Unfair Trade Practices – FLSA – CEO’s Representations – Breach of Contract – Tort/Negligence

Fusco v. Northpoint ERM, LLC (Lawyers Weekly No. 004-001-16, 7 pp.) (Graham Mullen, J.) 3:15-cv-00289; W.D.N.C. Holding: While the North Carolina Unfair and Deceptive Trade Practices Act generally does not apply to employer-employee disputes, the gravamen of plaintiffs’ complaint involves alleged fraudulent statements that were made by the defendant-employer’s CEO prior to employment and were [...]

Nov 16, 2015

Labor & Employment – FLSA – Banks & Banking – Training Program – Reimbursement Demand – White Collar Exemption – Salary-Basis Test

Ketner v. Branch Banking & Trust Co. (Lawyers Weekly No. 15-03-1044, 23 pp.) (Loretta Biggs, J.) 1:14-cv-00967; M.D.N.C. Holding: Bank employees who went through the bank’s leadership development course and who left the bank’s employ less than five years later have been asked to reimburse the bank for part of the cost of the course. […]

Aug 5, 2015

Labor & Employment — Servers’ Suit Not Covered by FLSA

Trejo v. Ryman Hospitality Properties Inc. (Lawyers Weekly No. 15-01-0775, 21 pp.) (Shedd, J.) No. 14-1485, July 29, 2015; USDC at Greenbelt, Md (Titus, J.) 4th Cir. Holding: The 4th Circuit upholds dismissal of plaintiff hotel servers’ suit claiming defendant employers’ mandatory tip-pooling arrangement violated their rights under the Fair Labor Standards Act and Maryland […]

Jun 11, 2015

Labor & Employment — FLSA – Joint Employers – Contractors – Unskilled Carpenter

Luna-Reyes v. RFI Construction, LLC (Lawyers Weekly No. 15-03-0580, 17 pp.) (Thomas Schroeder, J.) 1:14-cv-00235; M.D.N.C. Holding: Even though plaintiff was hired by (as yet unserved) defendant Warrick, plaintiff adequately alleges that all defendants were his joint employers, given his allegations that (1) all defendants supplied equipment so plaintiff could perform his work; (2) defendant [&hel[...]

Nov 20, 2014

Labor & Employment — No FLSA Claim Against State Hospital Supervisors

Martin v. Wood (Lawyers Weekly No. 14-01-1085, 11 pp.) (Niemeyer, J.) No. 13-2283, Nov. 18, 2014; USDC at Newport News, Va. (Allen, J.) 4th Cir. Holding: Although a registered nurse alleges she is suing her supervisors at a state hospital in their individual capacities for refusing to authorize overtime pay under the Fair Labor Standards […]

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