» FLSA

Patterson Harkavy files class action alleging that recovery treatment centers exploited residents for unpaid labor

Patterson Harkavy and co-counsel, the NC Justice Center and Outten & Golden LLP, filed a class and collective action lawsuit on behalf of individuals struggling to overcome substance abuse and addiction who assert that they were exploited by a lo… Read More
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4th Circuit Rules that Internal Complaints are Protected Activities Under FLSA’s Anti-Retaliation Provision

In Minor v. Bostwick Laboratories, Inc., Kathy Minor was hired by Bostwick Laboratories as a medical technologist on December 24, 2007. She received satisfactory or above average ratings at her only performance review on April 30, 2008, just twelve d… Read More
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US Supreme Court to Decide Important Wage and Hour Case

Yesterday, the Supreme Court of the United States granted a writ of certiorari in Christopher v. SmithKline Beecham Corp. The Ninth Circuit’s opinion, now on appeal, can be viewed here. The issue was whether pharmaceutical sales representatives are… Read More
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Fourth Circuit Rejects FLSA Retaliation Claim for Job Applicant

The Fourth Circuit recently issued a troubling 2-1 decision in Dellinger v. Science Applications International Corp. The majority (Judges Niemeyer and Keenan) held that under the anti-retaliation provision for the Fair Labor Standards Act (FLSA, the… Read More
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4th Circuit Examines FLSA’s Anti-Retaliation Provision

In Dellinger v. Sci. Applications International Corp., Natalie Dellinger sued her former employer, CACI, Inc., in July 2009 for alleged violations of the FLSA’s minimum wage and overtime provisions. Around the same time, she applied for a job with… Read More
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Supreme Court Expands Wage and Hour Retaliation Claims

The Supreme Court of the United States ruled in favor of an employee last week in Kasten V. Saint-Gobain Performance Plastics Corp, which involves a retaliation claim based on verbal complaints of wage and hour violations. The plaintiff, an employee… Read More
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Patterson Harkavy Wins in Fourth Circuit for Underpaid Workers

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

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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Government Enforcing Child Labor and Wage Laws for Farmworkers in North Carolina

The New York Times has this article about the Obama Administration’s effort to enforce the child labor and wage and hour laws on farms, and describes the effort in North Carolina in particular. The Fair Labor Standards Act (FLSA) contains sever… Read More
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Ninth Circuit Rejects Tip-Pooling Claims of Servers Making More than Minimum Wage Before Tips

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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