“Defendant also argues the Complaint should be dismissed because it does not identify a week during which Plaintiff worked more than forty hours and was not properly compensated for overtime. The Court finds that Plaintiff has adequately pleaded his overtime claim. He alleged that he worked on average seventy hours per week from December 3,
FLSA violations
A severance agreement that does not mention of overtime claims, hours, or wage amounts, does not compute alleged overtime hours worked to which the release applies, and does not refer to any dispute about overtime wages is not an enforceable release of FLSA rights.
By Jon Harsley on
Posted in FLSA violations, Severance agreements
“When evaluating whether settlements purporting to waive or release claims pursuant to the FLSA may be enforced, courts look to evidence in the records before them to see whether the settlements resolved ‘bona fide disputes’ regarding the number of allegedly unpaid hours or compensation due at the time that payment was received. By contrast, here,…
Because the FLSA mandates the award of reasonable attorney’s fees, a district court must make a finding on the reasonableness of the attorney’s fees before declining to award them.
By Jon Harsley on
Posted in FLSA violations
“Citing 29 U.S.C. § 216(b), this court has held that ‘[r]easonable attorney’s fees are mandatory’ when a court finds that an employer has violated § 206.20. Section 216(b) also requires the district court to order the defendant to pay the costs of the action. Although the district court has discretion to determine what is reasonable,…
The cost of cash deliveries used to pay out credit card tips are incidental and discretionary expenses that cannot be deducted from an employee’s tips for an employer to take advantage of the tip credit under the Fair Labor Standards Act.
By Jon Harsley on
Posted in FLSA violations
“Unlike credit card issuer fees, which every employer accepting credit card tips must pay, the cost of cash delivery three times a week is an indirect and discretionary cost associated with accepting credit card tips. As the district court noted, this cash delivery was “a business decision, not a fee directly attributable to its cost…
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, …