On October 7, 2016 MOREMARRONE scored a major victory for hourly workers in the Third Circuit Court of Appeals, which unanimously reversed a District Court’s decision that would have let DuPont off the hook for wages in a collective/class action made up of workers who had been denied their overtime pay for “donning and doffing” uniforms and safety equipment, and for performing pre-shift and post-shift work.
This major decision significantly defines enforcement under the Fair Labor Standards Act (FLSA).
In this decision in Smiley v. DuPont, the Third Circuit held that the District Court incorrectly concluded that the Fair Labor Standards Act allowed DuPont to avoid paying overtime by taking a “credit” for break time pay the employer had already paid, and using it to offset the employer’s overtime obligations under the FLSA for off-the-clock work. In its unanimous opinion the Third Circuit, agreeing with Thomas More Marrone’s argument, explained “Here, permitting DuPont to use pay given for straight time—and included in the regular rate of pay—as an offset against overtime pay is precisely the type of ‘creative bookkeeping’…the FLSA sought to eradicate.”
The decision will have national implications because of the Third Circuit’s stature and its thorough analysis of the issue.
Polanco v. Star Career Academy, et al.
Oct 29, 2015
Class Action Jury verdict, Final Judgment of $11 million
Won more than $11 million after a 5 week Class Action jury trial against Star Career Academy, a New Jersey for-profit school, under the New Jersey Consumer Fraud Act (“CFA”). The jury found that Star committed Consumer Fraud by engaging in unconscionable commercial practices, concealing material fact, and/or misrepresenting material facts regarding the accreditation status of Star’s Surgical Technology Program. Star will also be required to pay attorney’s fees under the CFA in addition to the $9.2 million, and may be subject to equitable disgorgement of additional money obtained as a result of Star’s CFA violations.
Schall and Farley v. Windermere Court Apartments
Dec 09, 2014
$4.85 Million settlement on 4th day of trial.
Apartment Fire Class Action
Williams v. The United States of America
Apr 11, 2014
$820,000 settlement on eve of trial
Workplace Negligence case against The United States arising from Mine Safety Inspector negligence which caused catastrophic burn injuries