2 Recent Decisions Discuss Successor Liability in FLSA Cases
When an employee is employed by a company, as long as that company is an enterprise covered by the FLSA, it is subject to the wage and hour requirements of the FLSA. But what about when the company...
View ArticleE.D.Cal.: Plaintiff Could Simultaneously Be Part-Owner of Closely-Held...
Hess v. Madera Honda Suzuki This case was before the Court on the defendant’s motion for summary judgment regarding all of plaintiffs’ claims. As discussed here, one of the issues the court was asked...
View ArticleN.D.Ill.: Former Attorney and Accountant Improper Third-Party Defendants in...
Strauss v. Italian Village Restaurant, Inc. This case was before the court on the third-party defendants’ motion to dismiss. The defendant, sued for FLSA violations, sought to implead its former...
View Article2 Recent Cases Draw Distinction Between Volunteers and Employees
With the uptick in FLSA case filings in recent years, a previously rarely litigated issue- whether certain types of workers are volunteers or “employees” subject to FLSA coverage- has increasingly come...
View ArticleE.D.Mo.: Where Common Tip Pool Violations Alleged, Employees of Franchise...
White v. 14051 Manchester, Inc. This case was before the court on the plaintiffs’ motion for conditional certification. As discussed here, the plaintiffs sought to facilitate class notice to employees...
View Article10th Cir.: Employee Who Performed Work Afterhours for Employer Through His...
Barlow v. C.R. England, Inc. Following an order granting the defendant summary judgment, the plaintiff appealed. As discussed here, the issue before the Tenth Circuit regarding the plaintiff’s FLSA...
View ArticleLPNs, 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...
View Article10th Cir.: Workers for Recreational Marijuana Covered by FLSA,...
Kenney v. Helix TCS, Inc. Following denial of the defendant-employer Helix’s motion to dismiss, Helix appealed. Helix–a company that provides security services in the state sanctioned recreational...
View Article7th Cir.: Truck Driver Adequately Alleged He Was Misclassified as an...
Brant v. Schneider National, Inc. In this case, a truck owner-operator who contracted with an over the road hauling company contended that he was misclassified as an independent contractor, and thus...
View Article11th Cir.: Nanny Who Worked Overnight Shifts Not Domestic Live-In Employee...
Blanco v. Anand Samuel In a reported decision issued on Wednesday, the 11th Circuit reversed the trial court seemingly applying clear law that a nanny who did not reside on her premises with the...
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