201407.31
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If you’re a highly compensated computer guru that the company depends upon to design and implement computer solutions, you probably can’t get overtime.

Mock v. Federal Home Loan Mortgage Corporation, Civil Action No. 1:13cv1292 (E.D.Va. July 15, 2014). Dan Mock brought a lawsuit against his employer, Federal Home Loan Mortgage Corporation (also known as Freddie Mac), alleging that Freddie Mac had misclassified him as an exempt employee for purposes of overtime compensation under the Fair Labor Standards Act…

201403.02
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If you’re in sales, you’re not entitled to overtime if you work outside “more than occasionally.”

Hantz v. Prospect Mortgage, LLC, Civil Action No. 1:13cv1435 (E.D. Va. Feb. 5, 2014); Cougill v. Prospect Mortgage, LLC, Civil Action No. 1:13cv1433 (E.D. Va. Jan. 14, 2014). Plaintiff Ronald Hantz worked as a mortgage loan officer at Prospect Mortgage from January 24, 2007, until October 16, 2009. Plaintiff Allison Cougill worked as a mortgage…

201202.01
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A company’s “squeaky wheel” triumphs: (new!) protection from retaliation under the Fair Labor Standards Act

Minor v. Bostwick Laboratories, Inc., No. 10-1258 (4th Cir. Jan. 27, 2012), available at http://pacer.ca4.uscourts.gov/opinion.pdf/101258.P.pdf. Ms. Minor began working at Bostwick Laboratories, Inc. (here, “Bostwick”) as a medical technologist on December 24, 2007. On May 6, 2008, she and several colleagues met with Bostwick’s chief operating officer, Bill Miller, and told him that their supervisor…

201106.13
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If you make your employees take their clothes off, you have to pay them. Except at lunch.

Perez et al. v. Mountaire Farms, Inc., et al., No. 09-1917, 2011 4th Cir. LEXIS 11547 (June 7, 2011). Luisa Perez brought this collective action lawsuit on behalf of herself and others employed by Mountaire Farms, Inc. She brought this action under the Fair Labor Standards Act (“FLSA”) to recover lost wages and liquidated damages….

201103.23
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You should complain in writing. But if you don’t complain in writing, you should complain a lot.

Kevin Kasten v. Saint-Gobain Performance Plastics Corporation, 563 U.S. ___ (2011). Kevin Kasten is a former employee of the defendant, Saint-Gobain Performance Plastics Corporation (“Saint-Gobain”). While Kasten was working at Saint-Gobain, he was required to put on and remove his work-related protective gear when he was off the clock, a practice which is plainly contrary to the the…

201101.22
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You can’t substitute employee say-so for accurate time records, unless you’re the employee.

Lopez v. Asmar’s Mediterranean Food, Inc., Civil Action No. 1:10cv1218 (E.D. Va. January 10, 2011). Lopez sued her employer, Asmar’s Mediterranean Food, Inc., alleging that her employer failed to pay her overtime in violation of the Fair Labor Standards Act (“FLSA”). After some discovery, the employer filed a motion for summary judgment, arguing that there…