Recently in Employment Law Category

In an action claiming that defendant caused the torture of plaintiffs based on their leadership of a Guatemalan national labor union, dismissal of the complaint on forum non conveniens grounds is affirmed where Guatemala was an available alternate forum for the claims, and all the relevant evidence was located in Guatemala.

Read Aldana v. Del Monte Fresh Produce N.A., No. 07-15471

Appellate Information

Filed August 13, 2009

Judges

Opinion by Judge Marcus

In an action for breach of a covenant not to compete, an injunction against defendant is affirmed where defendant failed to show that the district court clearly erred in finding that defendant's confidential information constituted a legitimate business interest that justified the non-compete covenant. However, the damages award in favor of plaintiff is reversed where plaintiff failed to establish that defendant's solicitation of a client for plaintiff's competitor resulted in plaintiff's loss of the project that was the basis of the damages award.

Read Proudfoot Consulting Co. v. Gordon, No. 08-14075

Appellate Information

Filed July 30, 2009

Judges

Opinion by Judge Trager

In a class action for failing to pay hourly employees for all time worked, an order denying class certification is affirmed where the employees' punch clock records did not provide common proof of any uncompensated work during gap periods, particularly in light of employee testimony regarding the various non-work-related activities that took place during the gap periods and the various personal reasons that employees listed for coming in early and staying late.

Read Babineau v. Fed. Express Corp., No. 08-16227

Appellate Information

Filed July 27, 2009

Judges

Opinion by Judge Edenfield

In an action seeking unpaid overtime under the Fair Labor Standards Act (FLSA), summary judgment for defendant is affirmed where plaintiffs were exempt from the FLSA's overtime requirements because they fell under the jurisdiction of the Secretary of Transportation under the Motor Carrier Act.

Read Walters v. Am. Coach Lines of Miami, Inc., No. 08-15636

Appellate Information

Filed July 23, 2009

Judges

Per Curiam