Labor and Employment Law in Action

Labor and employment law is a practice of law that works to protect people in the workplace.  This type of law focuses on defending and prosecuting individual corporations, private organizations, and/or a group of people in the matters of labor law.

The following are two case examples which involve law suits directly related with labor and employment law.

Case No. 1:  Falla et.al. v. Xe Services LLC

Xe Services, LLC, formerly known as Blackwater, is being sued by a group of current and former employees who were providing military training for police and armed forces in the U.S.  The plaintiffs allege that they were misclassified as being exempt from overtime pay.  The Fair Labor Standards Act of 1938 has standard qualifications for exemption status.  This particular case will try to argue the area of salary vs. hourly pay.   If they are proven to have been paid hourly, then the instructors qualify for overtime, and if they are proven to be salary based, then they are indeed exempt.  Blackwater is said to have covered up any evidence that would prove them to be out of compliance with the FLSA.

Case No. 2:  Bank of America call center employees sue for overtime compensation for violating either FLSA or state wage and hour law.
During the hearings, B of A attorneys filed a motion to dismiss the case claiming the employees failed proof of entitlement under federal law.  Federal Judge Lungstrum denied the dismissal finding that the facts alleged by the employees were enough to permit an inference that the bank violated the overtime provisions of the Federal Fair Labor Standards Act.

In both of these cases the law will be looked at very closely.

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