Regan v. City of Charleston (Lawyers Weekly No. 002-200-15, 9 pp.) (Patrick Michael Duffy, J.) 2:13-cv-03046; D.S.C. Holding: In a separate ruling on the defendant-city’s motion for summary judgment, the court determined that a two-year statute of limitations applies to ...

Tagged with: Collective Action

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 ...

Tagged with: Collective Action

Gordon v. TBC Retail Group, Inc. (Lawyers Weekly No. 002-184-15, 23 pp.) (David Norton, J.) 2:14-cv-03365; D.S.C. Holding: The defendant-employer contends that the plaintiff-mechanics are paid based on commission – their “turned hours” pay is based on the number of ...

Tagged with: Collective Action

Browder v. Peninsula Grill Associates, LLC (Lawyers Weekly No. 002-131-15, 9 pp.) (Patrick Michael Duffy, J.) 2:14-cv-04135; D.S.C. Holding: Where potential opt-in plaintiff Nicholas Clement did not receive notice of this lawsuit, and where plaintiff has demonstrated that – once ...

Tagged with: Collective Action

Regan v. City of Charleston (Lawyers Weekly No. 002-059-15, 7 pp.) (Patrick Michael Duffy, J.) 2:13-cv-03046; D.S.C. Holding: In this collective action under the Fair Labor Standard Act, five plaintiffs attempted to opt in shortly after the court-established deadline. At ...

Tagged with: Collective Action FLSA

MacGregor v. Farmers Insurance Exchange Based on limited discovery – and thus subject to an intermediate level of scrutiny – plaintiffs have successfully defined a class of property claim representatives (PCRs) who were allegedly subject to unwritten policies implemented by defendant’s Atlanta Zone Branch Manager to violate defendant’s overtime policy by discouraging PCRs from accurately reporting their hours.

Tagged with: Civil Practice Collective Action FLSA Labor & Employment