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Labor & Employment – Payment of Wages Act – Civil Practice – Res Judicata – Breach of Contract – Time Share Sales Representatives (access required)

Zinn v. CFI Sales & Marketing, Ltd. (Lawyers Weekly No. 011-110-15, 19 pp.) (Stephanie McDonald, J.) Appealed from Horry County Circuit Court (Benjamin Culbertson, J.) S.C. App. Holding: Where the plaintiff-sales representatives were members of the plaintiff class in a ...

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Labor & Employment — FLSA – Collective Action – Restaurant Waiters – Minimum Wage – Tip Pool – Hearsay – Notice (access required)

McCoy v. RP, Inc. (Lawyers Weekly No. 002-193-15, 21 pp.) (Patrick Michael Duffy, J.) 2:14-cv-03171; D.S.C. Holding: Even though the named plaintiff has worked at only one of the defendant-restaurant chain’s locations, at the conditional certification stage, plaintiff can rely ...

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Labor & Employment – FLSA – Collective Action Certification – Class Representative – Class Notice – Email & Text Messages (access required)

Lynch v. Dining Concepts Group, LLC (Lawyers Weekly No. 002-189-15, 16 pp.) (Patrick Michael Duffy, J.) 2:15-cv-00580; D.S.C. Holding: At the conditional certification stage, plaintiffs have produced sufficient evidence that defendant employed a common policy of charging its servers and ...

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Labor & Employment – Retaliation – Transfer – Failure to Promote – Insufficient Showing (access required)

Winful v. Medical University of South Carolina (Lawyers Weekly No. 002-179-15, 20 pp.) (David Norton, J.) 2:13-cv-02150; D.S.C. Holding: When plaintiff was transferred to a different department, she retained the same job title, pay, benefits, performance raises, and opportunities for ...

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