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Tag Archives: FLSA

Labor & Employment — FLSA – Civil Practice – Subject Matter Jurisdiction – ‘Employer’ – Civil Practice – More Definite Statement (access required)

Luna-Reyes v. RFI Construction, LLC (Lawyers Weekly No. 14-03-1057, 19 pp.) (Thomas Schroeder, J.) 1:14-cv-00235; M.D.N.C. Holding: Since the Fair Labor Standards Act does not indicate that Congress intended the term “employer” to operate as a jurisdictional bar, whether defendants ...

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Labor & Employment – FLSA – Retaliation – Protected Activity — Intracompany Complaints – First Impression — Time-Sheet Alterations (access required)

Minor v. Bostwick Laboratories Inc. A medical technologist’s complaints within her company about time-sheet alterations that allegedly violated the Fair Labor Standards Act are protected activity, and she may sue under the FLSA’s antiretaliation provision, 29 U.S.C. § 215(a)(3), on a complaint that she was terminated for her intracompany complaints.

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Labor & Employment – FLSA – Class Action – Civil Practice – State Claims (access required)

Romero v. Mountaire Farms, Inc. After eliminating claims related to unpaid lunch breaks, the court certifies a class of defendant’s employees who were not paid for the time they spent before and after their shifts donning, doffing and sanitizing protective gear. The court also decides to exercise supplemental jurisdiction over plaintiffs’ claims under the N.C. Wage and Hour Act and certifies a class under Fed. R. Civ. P. 23. Plaintiffs’ motion to certify a class is granted in part.

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Labor & Employment – Public Employees – Sovereign Immunity – Employment Contracts – ‘Professional’ – FLSA – Overtime – Administrative Remedies (access required)

Brown v. North Carolina Department of Environment & Natural Resources Where G.S. § 113-56.1 confers rights to overtime compensation on state foresters, the state has waived its sovereign immunity as to a lawsuit by state foresters to recover such compensation. We reverse the trial court's dismissal of plaintiffs' claim for overtime compensation.

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Labor & Employment – FLSA – 29 U.S.C. § 216(b) – ‘Similarly Situated’ – Class Action – Conditional Certification (access required)

Williams v. Xe Services, LLC. (Lawyers Weekly No. 11-02-0094, 8 pp.) (James C. Dever III, J.) E.D.N.C. Holding: The plaintiffs have demonstrated that putative class members are “similarly situated” for the purpose of conditionally certifying a class action under 29 ...

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