» Collective Action

Patterson Harkavy Wins in Fourth Circuit for Underpaid Workers

January 24th, 2011
In Simmons v. United Mortgage and Loan Investment, LLC, the Fourth Circuit ruled for plaintiffs and reversed the district court in this wage and hour case. The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not p… Read More
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Categories: Judicial Decisions, News of the Firm
Tags: Ann Groninger, Appeals, Burton Craige, Charlotte, Class Action, Collective Action, Fair Labor Standards Act, FLSA, Fourth Circuit, Labor and Employment, Narendra Ghosh, NCWHA, North Carolina Wage and Hour Act, Overtime, Results, Wage and Hour, Wages

Magistrate Judge Concludes that Smithfield Wage and Hour Collective Action Should Proceed

September 2nd, 2010
In this case, plaintiffs are bringing collective action claims under the Fair Labor Standards Act (FLSA) based on the under-payment of wages and overtime at Smithfield Packing’s Tar Heel, North Carolina meat processing facility. Magistrate Judg… Read More
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Categories: Judicial Decisions, Results
Tags: Ann Groninger, Case Commentary, Class Certification, Collective Action, EDNC, FLSA, Labor and Employment, North Carolina, Smithfield Packing, Unpaid Wages, Wage and Hour

Ninth Circuit Rejects Tip-Pooling Claims of Servers Making More than Minimum Wage Before Tips

June 16th, 2010
In a case that appears to one of first impression at the federal appellate level, the Ninth Circuit ruled in Cumbie v. Woody Woo, Inc., that there are no tip-pooling claims under the Fair Labor Standards Act (FLSA) for restaurant employees who are pa… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Class Action, Collective Action, Fair Labor Standards Act, FLSA, Labor and Employment, Minimum Wage, NCWHA, Ninth Circuit, Tip Credit, Tip Pooling

Reply Brief Filed for Simmons Appeal in Fourth Circuit

May 17th, 2010
In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this reply brief with the Fourth Circuit Court of Appeals in this wage and hour case. See here for a summary of the case. Ann Groninger, Burton Craige, and Narendra Ghosh are repre… Read More
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Categories: News of the Firm
Tags: Ann Groninger, Appeals, Briefs, Burton Craige, Class Action, Collective Action, FLSA, Fourth Circuit, Labor and Employment, Narendra Ghosh, NC Wage and Hour Act, Overtime, Wage and Hour

Brief Filed for Underpaid Workers in FLSA Appeal to Fourth Circuit

April 22nd, 2010
In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this opening brief with the Fourth Circuit Court of Appeals in this wage and hour case. The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not… Read More
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Categories: News of the Firm
Tags: Ann Groninger, Appeals, Burton Craige, Class Action, Collective Action, FLSA, Fourth Circuit, Labor and Employment, Narendra Ghosh, North Carolina Wage and Hour Act, Overtime, Wage and Hour

Recent Fourth Circuit Labor and Employment Decisions

January 17th, 2010
The Fourth Circuit has published opinions in three labor and employment cases in recent weeks. The first case, Sepulveda v. Allen Family Foods, Inc., concerned a Fair Labor Standards Act (FLSA) collective action that was brought on behalf of a class… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Collective Action, Concerted Activity, FLSA, Fourth Circuit, Labor and Employment, NLRB, Retaliation, Sarbanes-Oxley Act, Union, Wage and Hour