“[The] declarations and timesheets [produced by Plaintiff] establish that there were weeks in which [Defendant’s] employees worked more than forty hours, and [two employees] both state in their declarations that they were not paid an overtime rate for this work. . . . [N]othing in [another employee’s] declaration refutes Plaintiff’s claim that employees often worked
FLSA violations
To win summary judgment on the issue of whether overtime requirements were violated, the plaintiff in a certified collective FLSA action only has to show that some employees have claims, not necessarily all employees or even themselves.
By Austin Campbell on
Posted in FLSA violations
“The only other argument Defendants make as to this issue is to point out that the evidence presented by Plaintiff only speaks to the overtime claims of [two other employees], and does not establish the claims of Plaintiff herself or the other employees she represents in the collective action. . . . Such a collective…
Employees’ use of goods and materials produced outside the state as part of their jobs creates a a genuine dispute of material fact whether their employer is an “enterprise engaged in interstate commerce” under the FLSA.
By Austin Campbell on
Posted in FLSA violations
“Therefore, because Defendants have pointed only to her lack of evidence, to defeat summary judgment, Plaintiff must adduce evidence that goods or materials she or the collective plaintiffs she represents handled or worked on during their employment with [Defendant] moved in or were produced for interstate commerce. [Plaintiff] has put forward evidence to show that…
Plaintiffs may be conditionally certified if they have a similar pay scheme despite having different jobs
By Jairo N. Castellanos on
Posted in FLSA violations
Defendant contended that “the facts of this case are “unsuited for resolution via the FLSA’s collective action mechanism” because of the differences in the individual work and pay histories as well as the fact that each class member must show that Dauterive managers had actual or constructive knowledge that overtime qualifying work was being performed…
An employer that works in several cities and countries and is in the shipping industry is an enterprise engaged in commerce under the FLSA.
By Eric P. Dama on
Posted in FLSA violations
“‘Commerce’ means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.’ Plaintiff’s complaint alleges that Defendant itself has offices in four states and five countries. In addition, PetroMar’s business involves shipping in the oil and maritime industry, and its employees were sent to work on…
Alleging that an employee regularly worked over forty hours per workweek and was not paid time-and-a-half is sufficient to give rise to a plausible claim for relief under the FLSA.
By Eric P. Dama on
Posted in FLSA violations
“Defendant suggests that Plaintiff’s complaint fails because he does not allege the total amount of unpaid wages that he deserves. An FLSA plaintiff is not, however, required to plead the precise amount of unpaid wages to which he is allegedly entitled.”
Murphy v. Multi-Shot, LLC, 2014 WL 4471538, at *2 (S.D. Tex. Sep. 10,…
An independent contractor may be considered an “employee” for purposes of analyzing a Title VII claim when several factors are considered.
By Nicole M. Conger on
Posted in FLSA violations
“Plaintiff alleges that the workers are ‘hourly employees’ who ‘supply no materials or tools of their own’ and ‘are directly supervised, directed and controlled by [Owner] and [Supervisor]. These allegations, taken as true, are sufficient to overcome the instant motion to dismiss.”
Stewart v. Caton, 2013 WL 4459981, at *9 (E.D. La. Aug. 13, 2013)…
Allegation that bonuses were non-discretionary, but not included in the calculation of overtime is sufficient to certify a class.
By Colin W. Walsh on
Posted in FLSA violations
“At this stage, should Plaintiffs prevail on their argument that the bonuses were non discretionary and overtime wages were improperly calculated, this finding would be applicable to a class of all operators or riggers.”
Wilson v. Anderson Perforating, Ltd., 2013 WL 3356046 at *2 (W.D. Tex. July 3, 2013) (Rodriguez, J.).
Statements made outside the statute of limitations concerning overtime pay are probative of conduct occurring within the limitations period.
By Colin W. Walsh on
Posted in FLSA violations
“Defendant appears to blur the distinction between incidents that may not be considered for purposes of establishing liability for damages, because they occurred outside the limitations period, and what nevertheless may be admissible and probative as background evidence to support a claim based on alleged conduct that falls within the limitations period.”
Arnett v. Sears, …
Where employer prevents reporting of overtime work or knows of unreported work, plaintiff does not have to use company’s time correction process before filing suit.
By Colin W. Walsh on
Posted in FLSA violations
“White clearly stands for the proposition that where an employer prevents its employee from reporting overtime or was otherwise on notice of the employee’s unreported work, an employee may recover damages under the FLSA, regardless of whether the employee exhausted any internal company grievance policy or time correction policy.”
Arnett v. Sears, Roebuck and Co…