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Tag Archives: FLSA

Civil Practice – Offer of Judgment – Mootness – Insufficient – Class Action Certification – Unmanageable – Labor & Employment – FLSA – Overtime Pay (access required)

Pelczynski v. Orange Lake Country Club, Inc. Although an offer of judgment under Fed. R. Civ. P. 68(a) that clearly meets the demands of a plaintiff will moot a case and ultimately require dismissal, since the parties dispute the amount of hours worked by plaintiffs, defendant’s unilateral calculation of the amounts set out in its offer of judgment does not clearly meet plaintiffs’ demands.

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Labor & Employment – FLSA – Overtime Claim – Store Manager – Exempt (access required)

Gooden v. Dolgencorp, Inc. (Lawyers Weekly No. 002-068-12, 16 pp.) (David C. Norton, J.) 3:10-cv-01059; D.S.C. Holding: The uncontroverted evidence established that (1) even if he spent 75 percent of his time performing non-managerial duties, he was at all times operating defendant’s store and doing what was in the best interest of the store; (2) he was at all times responsible for the operation of his store, directing his employees, and apportioning tasks, and if he was not managing, there was no one else to do so...

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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 – Donning & Doffing Protective Gear – Changing Clothes – Workers’ Compensation – Wrongful Termination Claims – Tort/Negligence – Invasion of Privacy – Inadvertent (access required)

Atkinson v. House of Raeford Farms, Inc. According to the defendant-employer's longstanding practice and a Fourth Circuit ruling in a similar case, the plaintiff-employees' donning and doffing of protective gear constitutes "changing clothes," and the employer is not required to pay them for the time spent doing it.

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FLSA retaliation ruling could impact other cases (access required)

The U.S. Supreme Court's recent ruling that oral complaints about workplace conditions made to a company supervisor are covered by the anti-retaliation provision of the Fair Labor Standards Act has employment lawyers taking notice. The decision in Kasten v. Saint-Gobain Performance Plastics Corp. not only clarifies the protections against retaliation in the FSLA, it could also apply to other statutes with similar wording. Plaintiffs' attorneys cheered the ruling, which is the latest in a series of employee wins in retaliation claims before the court.

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