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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

McGlone v. Contract Callers, Inc.

Plaintiff Michael McGlone initiated a Fair Labor Standards Act (FLSA) action against Contract Callers, Inc. (CCI), Michael McGuire, and William Tim Wertz, alleging unpaid overtime for work performed before and after recorded workdays and during meal breaks. McGlone sought conditional certification for a nationwide collective action of Field Service Representatives (FSRs), asserting a common policy of wage violations, including uncompensated preparatory and concluding tasks, and automatic meal break deductions despite working through them. The court applied a two-step analysis for FLSA collective actions, focusing on the lenient "notice stage" standard. While the plaintiff claimed company-wide misconduct, his evidence for a nationwide class was deemed insufficient, relying primarily on "information and belief." Consequently, the court denied conditional certification for a nationwide class but granted it for FSRs employed in CCI's New York Division, where McGlone demonstrated direct personal knowledge of the alleged violations and supervisory directives. Additionally, the statute of limitations was equitably tolled as of the motion's filing date due to the court's processing time.

FLSACollective ActionConditional CertificationOvertime PayWage ViolationsMeal BreaksUncompensated WorkField Service RepresentativesEquitable TollingNew York Division
References
28
Case No. MISSING
Regular Panel Decision

Bradford v. Logan's Roadhouse, Inc.

This case is a proposed nationwide collective action brought under the Fair Labor Standards Act (FLSA) against Logan's Roadhouse, Inc., LRI Holdings, Inc., and Roadhouse Holding, Inc. Plaintiffs Carey Bradford and Cody Bolen, along with over a hundred opt-in plaintiffs, allege that LRI failed to properly compensate its tipped employees. The alleged violations include requiring tipped employees to perform non-tip producing work for sub-minimum wages, working "off-the-clock," and being forced to report "phantom tips" to avoid supplemental wage contributions. The plaintiffs sought conditional certification of a nationwide class of current and former tipped employees. The court granted the motion for conditional certification in part, finding that the plaintiffs made a "modest factual showing" that they were "similarly situated" and presented sufficient evidence of common FLSA-violating practices across LRI's restaurants in multiple states. The court also ordered LRI to provide names and addresses of potential class members for notice but denied requests for email addresses, social security numbers, and telephone numbers, as well as premature equitable tolling of the statute of limitations. The parties were directed to confer on the notice and consent protocol.

Fair Labor Standards Act (FLSA)Tipped EmployeesWage and Hour ViolationsCollective ActionConditional CertificationOff-the-Clock WorkMinimum WageOvertime PayEmployer PracticesClass Action Notice
References
36
Case No. MISSING
Regular Panel Decision

Snively v. Peak Pressure Control, LLC

Plaintiffs Jason Snively, Stephen Clark, and others similarly situated filed a motion for conditional certification against Defendants Peak Pressure Control, LLC and Nine Energy Service, LLC. The lawsuit alleges violations of the Fair Labor Standards Act (FLSA), specifically that Pressure Control Operators were not paid overtime wages despite working in excess of 40 hours per week, instead receiving a base salary and bonuses. The court reviewed the motion under the Lusardi two-stage approach and found sufficient evidence that aggrieved and similarly situated individuals exist and desire to opt-in. Consequently, the court granted in part the motion for conditional certification, setting forth directives for a revised notice to potential plaintiffs, including a 60-day opt-in period and approval for notice dissemination via mail, email, and workplace posting.

FLSACollective ActionConditional CertificationOvertime WagesWage and HourPressure Control OperatorsOilfield ServicesFair Labor Standards ActEmployer LiabilityMisclassification
References
26
Case No. 15
Regular Panel Decision

Dyson v. Stuart Petroleum Testers, Inc.

Plaintiff Rory Dyson initiated a collective action against Stuart Petroleum Testers, Inc. and Scott Yariger, alleging violations of the Fair Labor Standards Act (FLSA). Dyson, a 'flow tester,' claimed that he and other similarly situated workers were misclassified as independent contractors and consequently denied overtime pay for hours exceeding forty per week. The plaintiff filed a motion seeking conditional certification of the lawsuit as a collective action under the FLSA. Applying the lenient Lusardi two-stage approach, the Court found sufficient evidence indicating the existence of similarly situated individuals and a widespread discriminatory practice by the defendants. Consequently, the Court granted the plaintiff's motion for conditional certification, established the definition of the collective action, and ordered the defendants to provide contact information for potential class members.

FLSACollective ActionConditional CertificationOvertime PayIndependent Contractor MisclassificationFlow TestersOil and Gas IndustryWage and Hour DisputeOpt-in PlaintiffsLusardi Approach
References
45
Case No. MISSING
Regular Panel Decision

Moore v. Eagle Sanitation, Inc.

Plaintiffs Kevin Moore and Roger Snyder filed a lawsuit against Eagle Sanitation Inc. and Michael Reali, seeking unpaid overtime compensation under the Fair Labor Standards Act (FLSA) and New York Labor Law. They moved for conditional certification as an FLSA collective action, production of contact information for potential class members from April 2005 to April 2011, and court authorization to circulate a Notice of Pendency. The court, presided over by Magistrate Judge A. Kathleen Tomlinson, granted the motion for conditional certification, finding that the plaintiffs met the lenient evidentiary standard required at this stage. Additionally, the court granted the request for defendants to produce contact information for a six-year period to account for state law claims, emphasizing judicial economy. The court also authorized the dissemination of the proposed notice, with minor modifications regarding the inclusion of defense counsel's contact details and clarification on potential costs and discovery obligations for opt-in plaintiffs.

FLSACollective ActionOvertime CompensationNew York Labor LawConditional CertificationNotice of PendencyStatute of LimitationsDiscovery of Class MembersWage and Hour DisputeEmployment Law
References
26
Case No. MISSING
Regular Panel Decision
Dec 29, 2010

Lindberg v. UHS OF LAKESIDE, LLC

Plaintiffs Cherie Lindberg and Grady Moody filed a motion for conditional class certification under the FLSA against Defendants UHS of Lakeside, LLC, Community Behavioral Health, LLC, and Universal Health Services, alleging unpaid overtime due to an automatic 30-minute meal break deduction policy. The policy applied to all non-exempt employees, regardless of whether they actually took a break, and placed the burden on employees to reverse the deduction via time adjustment forms, which management allegedly discouraged or ignored. The Court applied a lenient "notice stage" standard and found that Plaintiffs made a modest factual showing that they and other putative class members were victims of a common practice leading to improper compensation. The Court granted the motion for conditional class certification for all present and former hourly employees of the defendants who worked at the Memphis, Tennessee facilities from January 7, 2007, to the present. The Court also ordered defendants to provide contact information for potential opt-in plaintiffs and directed parties to submit a mutually acceptable notice letter.

FLSAOvertime PayMeal Break DeductionConditional Class CertificationCollective ActionWage and HourHealthcare EmployeesAutomatic Deduction PolicyUnpaid WorkEmployee Compensation
References
30
Case No. MISSING
Regular Panel Decision
Apr 29, 2017

Vaughn v. Document Group Inc.

This Fair Labor Standards Act (FLSA) case concerned a motion for conditional certification of a class of workers. Plaintiff Eugene Vaughn alleged that Defendant The Document Group, Inc. (TDG) misclassified "Manual Laborers and Scanner Operators" as independent contractors, thus failing to pay them overtime wages for hours worked beyond forty per week. The Court reviewed the two-stage approach for FLSA collective actions, requiring evidence of aggrieved individuals, similarly situated plaintiffs, and a desire to opt-in. Vaughn presented sufficient evidence, including an affidavit from another worker, supporting his claims of a common policy of misclassification and similar job duties among the putative class members. Despite TDG's arguments for individualized analysis, the Court found the evidence sufficient to conditionally certify the class and granted Vaughn's motion.

FLSAFair Labor Standards ActConditional CertificationCollective ActionIndependent Contractor MisclassificationOvertime WagesWage and Hour DisputeEmployment LawClass ActionLitigation Support Industry
References
21
Case No. MO:16-CV-00313-RAJ
Regular Panel Decision
Mar 21, 2017

Minyard v. Double D Tong, Inc.

Plaintiffs Dustin Minyard, Jeremy Dutch, and Justin Clark filed a collective action lawsuit against Double D Tong, Inc., Robert Duncan, and Cody Duncan, alleging violations of the Fair Labor Standards Act (FLSA) for unpaid overtime. Plaintiffs claimed they and other non-exempt casing employees were not properly compensated for overtime hours, either due to being paid on a quantity basis without all hours being tracked or by excluding additional pay (bonuses, allowances) from their regular rate for overtime calculations. The court initially granted in part and denied in part Plaintiffs' motion for conditional certification, limiting the class to Field Hands and Crew Pushers. However, upon Plaintiffs' motion for reconsideration, the court granted the motion, broadening the conditionally certified class to include all non-exempt casing workers who were subject to the alleged common, illegal pay plan, regardless of their specific job duties. The court also approved the dissemination of notice via mail, email, and workplace posting, with specific instructions for the notice content and class period.

Fair Labor Standards Act (FLSA)Overtime PayConditional CertificationCollective ActionWage and HourOilfield ServicesNon-Exempt EmployeesPiece Rate PayBonusesTruck Allowance
References
23
Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
Case No. MISSING
Regular Panel Decision

Nabi v. Hudson Group (HG) Retail, LLC

Plaintiffs Mohammed Nabi and Rifat Rizvi brought an action against Hudson Group (HG) Retail, LLC and Airport Management Services, LLC, alleging violations of the Fair Labor Standards Act and the New York Labor Law for misclassifying managers and failing to pay overtime. Plaintiffs sought conditional collective certification for a nationwide class of various managerial employees. The court denied the motion, finding that the plaintiffs' evidence was too localized to support a nationwide class and failed to demonstrate that the proposed class was

FLSANYLLConditional Collective CertificationClass ActionMisclassificationOvertime PayExempt EmployeesNon-Exempt EmployeesManagerial DutiesRetail Industry
References
17
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