Plaintiffs filed claims asserting violations of the FLSA, the SCPWA, and the Workers’ Compensation Law. To the extent plaintiffs asserted state law claims for overtime pay or pay under the federal minimum wage, such state law claims were preempted by ...

Tagged with: FLSA

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 ...

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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 ...

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Middleton v. Richland County District One (Lawyers Weekly No. 002-174-17, 9 pp.) (J. Michelle Childs, J.) 3:17-cv-02116; D.S.C. Holding: Plaintiff’s state-law claims seek payment of wages for time he spent in professional development events during the months outside his 200-day ...

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Turner v. BFI Waste Services, LLC (Lawyers Weekly No. 002-109-17, 18 pp.) (David Norton, J.) 2:16-cv-02864; D.S.C. Holding: The defendant-employers’ hybrid day rate/hourly rate payment scheme allows them to pay plaintiff less per hour during weeks when he works more ...

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Ra’Palo v. Lucas Designs Inc. (Lawyers Weekly No. 002-093-17, 7 pp.) (David Norton, J.) 9:17-cv-00710; D.S.C. Holding: Where plaintiffs have alleged that they were not paid overtime, despite working six days a week and “sometimes” working as much as 12 ...

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Alston v. DIRECTV, Inc. (Lawyers Weekly No. 002-147-17, 51 pp.) (J. Michelle Childs, J.) 3:14-cv-04093; D.S.C. Holding: The FLSA provides an exemption from 29 U.S.C. § 207(a)’s overtime wage requirement for qualifying employers that employ the employee in “a retail ...

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McCurley v. Flowers Foods, Inc. (Lawyers Weekly No. 002-207-16, 11 pp.) (J. Michelle Childs, J.) 5:16-cv-00194; D.S.C. Holding: Plaintiff alleges that, pursuant to defendants’ common policy of misclassifying baked-goods distributors as independent contractors, he and “class members have been denied ...

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McCurley v. Flowers Foods, Inc. (Lawyers Weekly No. 002-207-16, 11 pp.) (J. Michelle Childs, J.) 5:16-cv-00194; D.S.C. Holding: Plaintiff alleges that, pursuant to defendants’ common policy of misclassifying baked-goods distributors as independent contractors, he and “class members have been denied ...

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After a weeklong trial, a federal jury found that the Town of Edisto had reason to terminate one of its firefighters, and that reason did not violate the Fair Labor and Standards Act. Former fireman Del Dennis sued the town ...

Tagged with: Edisto firefighter FLSA