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

Case No. MISSING
Regular Panel Decision

Lasater v. Hercules Powder Co.

This action was brought by employees of Volunteer Ordnance Works against their employer, operating under a government contract, seeking unpaid overtime compensation, liquidated damages, and attorney's fees under the Fair Labor Standards Act of 1938. The dispute centered on whether time spent at plant gates and in transit on the employer's premises constituted compensable working time. The court found that while the Fair Labor Standards Act generally applied to government contracts and the plaintiffs were engaged in the production of goods for commerce, the specific time claimed was not part of a statutory workweek, particularly considering the wartime context and the benefit to the national war effort. Furthermore, the court determined that the Portal-to-Portal Act of 1947 barred the plaintiffs' claims and affirmed the constitutionality of its provisions, including Section 9, which provides a defense for employers acting in good faith reliance on administrative interpretations. Consequently, judgment was awarded to the defendant.

Overtime CompensationFair Labor Standards ActPortal-to-Portal ActWartime ProductionGovernment ContractorsEmployee WagesStatutory WorkweekJurisdictionConstitutional LawDe Minimis Rule
References
17
Case No. MISSING
Regular Panel Decision

Durkin v. Shone

The plaintiff, an unnamed entity likely associated with the Department of Labor, filed suit against Allied Agencies seeking a permanent injunction for alleged violations of the Fair Labor Standards Act (FLSA). The complaint detailed the defendant's failure to adhere to minimum wage and overtime requirements, as well as inadequate record-keeping for its homeworkers. Allied Agencies argued that the homeworkers were independent contractors, that its operations were not interstate commerce, and that its business qualified for the FLSA's retail or service establishment exemption. The court ultimately ruled that the homeworkers were employees engaged in the production of goods for interstate commerce, thus covered by the Act. Furthermore, the defendant failed to prove eligibility for the retail or service establishment exemption. Consequently, the court granted the plaintiff's request for a permanent injunction against Allied Agencies.

Fair Labor Standards ActMinimum WageOvertime CompensationHomeworkersIndependent ContractorsInterstate CommerceProduction of Goods for CommerceRetail or Service Establishment ExemptionWage and Hour DivisionInjunction
References
20
Case No. MISSING
Regular Panel Decision

Dye v. McIntyre Floral Co.

This suit was brought by employees against McIntyre Floral Company, alleging a deficiency in wages under the Fair Labor Standards Act of 1938. The core issue revolves around whether the employees are exempt from the Act's provisions due to their employment in agriculture, specifically in handling "agricultural or horticultural commodities for market." The chancellor initially sustained a demurrer, agreeing that the complainants were exempt. The court examined the Act's definition of "agriculture," which includes the cultivation and harvesting of horticultural commodities and practices incidental to farming, such as preparation for market. The court concluded that the employees' work, involving the receipt, care, and preparation of nursery products for shipment, falls under the "preparation for market" clause of the agricultural exemption, affirming the initial judgment. This construction aligns with the understanding of agriculture's seasonal nature, which includes horticulture.

Fair Labor Standards ActAgricultural ExemptionHorticultural CommoditiesNursery BusinessWage DeficiencyInterstate CommercePreparation for MarketFarm Laborer ExemptionStatutory InterpretationDavidson County
References
3
Case No. MISSING
Regular Panel Decision

Hodgson v. BARGE, WAGGONER AND SUMNER, INCORPORATED

This action was brought to enjoin Barge, Waggoner and Sumner, Incorporated from violating the Fair Labor Standards Act (FLSA) regarding overtime compensation. The central issue was whether ten of the defendant's employees qualified for professional or executive exemptions under the Act. The court determined that the employees, being paid hourly and lacking a predetermined salary, did not meet the stringent exemption requirements. Consequently, the court instructed the plaintiff's attorney to calculate the overtime compensation due to these employees. However, due to the defendant's demonstrated good faith and absence of willful violation, the court declined to impose liquidated damages or grant a permanent injunction.

Fair Labor Standards ActOvertime PayEmployee ExemptionsSalary BasisExecutive EmployeeProfessional EmployeeAdministrative EmployeeHourly WagesInjunction DenialLiquidated Damages
References
12
Case No. MISSING
Regular Panel Decision

In Re Texas EZPawn Fair Labor Standards Act Litigation

This General Order addresses Defendant Texas EZPawn, L.P.'s motion for partial summary judgment concerning the calculation of damages in Fair Labor Standards Act (FLSA) cases. Plaintiffs, former assistant store managers, allege they were improperly classified as exempt employees and denied overtime compensation. EZPawn argued for the application of the fluctuating workweek method (29 C.F.R. § 778.114) for damage calculation, citing *Blackmon v. Brookshire Grocery Company*. Plaintiffs countered that EZPawn waived this argument, the method is inapplicable, and fact issues remain. The Court denies EZPawn's motion, concluding that the fluctuating workweek method is inappropriate for misclassification cases as it is inconsistent with the remedial purposes of the FLSA, particularly the time and one-half compensation requirement for overtime, and creates adverse incentives for employers. The Court also declines to follow the Fifth Circuit precedent in *Blackmon*, deeming its reasoning flawed.

Fair Labor Standards ActOvertime CompensationEmployee MisclassificationFluctuating Workweek MethodSummary JudgmentDamages CalculationFederal Labor LawWage and Hour DisputeStatutory InterpretationCircuit Precedent
References
43
Case No. MISSING
Regular Panel Decision

Rhodes v. Bedford County, Tenn.

This case involves an action brought by employees of the Bedford County Ambulance Service against Bedford County, Tennessee, alleging violations of Sections 7 and 8 of the Fair Labor Standards Act (FLSA), specifically regarding minimum wage and overtime provisions. The dispute arose following the Supreme Court's Garcia decision, which made FLSA applicable to state and municipal employees, and subsequent Congressional amendments aimed at easing the transition for local governments. Plaintiffs argued that the county failed to pay proper minimum wage and overtime from April 15, 1986, to June 30, 1986, and that the subsequent change from salaried to hourly pay on July 1, 1986, constituted a scheme to avoid overtime requirements by artificially deflating the regular rate. The court found that the county’s failure to provide proper overtime payments was a continuous violation, thus plaintiffs’ action was not barred by the statute of limitations. The court granted summary judgment for the plaintiffs on the issue of liability under Section 7 of the FLSA, finding both periods of violation. Liquidated damages were awarded for the initial period, but a question of material fact remained for the later period. The defendant's motion for summary judgment was denied.

Fair Labor Standards ActOvertime CompensationMinimum Wage LawPublic Agency EmploymentMunicipal Government LiabilitySummary Judgment MotionsContinuing Violation DoctrineStatute of Limitations FLSAWage and Hour DisputeAntidiscrimination in Employment
References
7
Case No. MISSING
Regular Panel Decision

Walling v. Nashville, Chattanooga & St. Louis Ry.

The case determines whether railway trainees ("cubs" and "posters") are considered "employees" under the Fair Labor Standards Act of 1938. The plaintiff Administrator sought injunctive relief to compel the defendant railway to comply with the Act for these trainees, arguing they should be compensated and records kept. The court found that trainees primarily work for their own benefit and receive no measurable benefit for the company, thus lacking a contract of employment. Payments made to "cub" trainees were deemed gratuities or incentive pay, not wages that would establish an employer-employee relationship. Consequently, the court held that neither "cub" nor "poster" trainees are "employees" under the Act, and even if they were, the company's current practices largely comply with the Act. Therefore, judgment was entered for the defendant railway, denying the Administrator's request for injunctive relief.

Fair Labor Standards ActEmployee StatusTraineesRailway IndustryCubbingPostingGratuity vs. WagesInjunctive ReliefEmployer-Employee RelationshipContract of Employment
References
2
Case No. MISSING
Regular Panel Decision

Brock v. National Health Corp.

The Secretary of Labor initiated an action against National Health Corporation (NHC) alleging willful and repeated violations of the Fair Labor Standards Act (FLSA), specifically regarding unpaid overtime and failure to maintain accurate records for its staff accountants. NHC argued that these employees were exempt administrative personnel. The court, however, determined that the staff accountants' duties were primarily bookkeeping and did not involve the requisite discretion and independent judgment for exemption. Given NHC's history of similar violations, the court found the company's conduct willful and ruled in favor of the Secretary of Labor, mandating payment of three years of back wages and an equivalent sum in liquidated damages.

Fair Labor Standards ActOvertime PayRecord KeepingAdministrative ExemptionWillful ViolationBack WagesLiquidated DamagesEmployee ClassificationStaff AccountantsBookkeeping
References
22
Case No. 2020 NY Slip Op 03441 [184 AD3d 295]
Regular Panel Decision
Jun 18, 2020

Matter of Tuerk (Adelchi Inc.--Commissioner of Labor)

The New York Appellate Division, Third Department, reviewed a case where Adelchi Inc. challenged the Unemployment Insurance Appeal Board's decision classifying Daniel W. Tuerk and others as employees rather than independent contractors, thus holding Adelchi liable for unemployment insurance contributions. The central dispute concerned the interpretation of the 'separate business entity test' under Labor Law § 861-c (2) (a) of the Construction Industry Fair Play Act. The Board had erred by requiring proof of a total lack of direction or control, which the court clarified should align with the common-law standard of lacking control over the results produced or the means used. Consequently, the court reversed the Board's decisions and remitted the matter for reconsideration under the proper legal interpretation.

Unemployment InsuranceIndependent ContractorEmployee ClassificationConstruction Industry Fair Play ActLabor LawStatutory InterpretationAppellate ReviewControl TestABC TestSeparate Business Entity
References
18
Case No. MISSING
Regular Panel Decision
Jan 05, 2006

Toussaint v. Angello

The petitioners sought a determination that the respondent, Commissioner of Labor, violated Labor Law § 27-a (4) (b) by not adopting a safety standard recommended by the New York State Occupational Safety and Health Hazard Abatement Board. The Supreme Court denied this petition, and that decision was subsequently affirmed. The appellate court clarified that the statute does not compel the Commissioner to automatically promulgate all Board recommendations. Instead, it mandates consultation and a showing of necessity for any new standard. The Commissioner's decision to return the proposal for further review was therefore deemed a lawful exercise of authority, not arbitrary or capricious.

Labor LawSafety StandardsOccupational SafetyHazard Abatement BoardCommissioner of LaborStatutory InterpretationPromulgation of RegulationsJudicial ReviewAdministrative LawMinisterial Duty
References
2
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