9 Cited authorities

Herman v. RSR Sec. Servs. Ltd.
172 F.3d 132 (2d Cir. 1999) Cited 1,062 times 6 Legal Analyses
Holding that an employer willfully violated the FLSA when he had "extensive knowledge" of the FLSA's requirements, knew of previous violations, and relied on assurances by corporate decisionmakers despite their prior illegal activities
Gustafson v. Bell Atlantic Corp.
171 F. Supp. 2d 311 (S.D.N.Y. 2001) Cited 86 times
Finding that equitable tolling did not apply where the plaintiff "knew the facts that would comprise a cause of action"
LeCompte v. Chrysler Credit Corp.
780 F.2d 1260 (5th Cir. 1986) Cited 84 times
Finding no cause of action exists for an employer to seek contribution or indemnity for violation of the FLSA
Martin v. Gingerbread House, Inc.
977 F.2d 1405 (10th Cir. 1992) Cited 62 times
Holding that an employer's third-party complaint seeking indemnity from employee for alleged FLSA violations was preempted
Villareal v. El Chile, Inc.
601 F. Supp. 2d 1011 (N.D. Ill. 2009) Cited 14 times
Finding that Illinois law would follow federal law and not permit an employer's indemnity claim
McDougal v. G S Tobacco Dealers, L.L.C.
712 F. Supp. 2d 488 (N.D.W. Va. 2010) Cited 9 times
Finding that indemnification claims, whether "based on contractual or equitable contribution, indemnification, breach of contract, breach of warranty, agency, or another state contract or equity claim, are preempted by the provisions of the FLSA."
Cordova v. Fedex Ground Package Sys., Inc.
104 F. Supp. 3d 1119 (D. Or. 2015) Cited 4 times
In Cordova v. FedEx Ground Package Sys., 104 F.Supp.3d 1119 (D. Oregon 2015), delivery driver plaintiffs brought a wage class action against FedEx under Oregon law alleging that FedEx improperly treated them as independent contractors.
NSP Hospitality, LLC v. Janki I, Inc.
Case No: 5:15-cv-640-Oc-30PRL (M.D. Fla. Jun. 7, 2016)
Case No: 5:15-cv-640-Oc-30PRL 06-07-2016 NSP HOSPITALITY, LLC, d/b/a MERIDIAN HOTEL & SUITES, a Florida limited liability company, Plaintiff, v. JANKI I, INC., a Florida corporation, and PINAL PATEL, individually, Defendants. JAMES S. MOODY, JR. UNITED STATES DISTRICT JUDGE ORDER THIS CAUSE comes before the Court upon Third-Party Plaintiff NSP Hospitality LLC's ("NSP") Motion for Final Default Judgment on Third-Party Defendants (Doc. 27). The Court, having reviewed the motion and being otherwise
Quintana v. Explorer Enterprises, Inc.
CASE NO. 09-22420-CIV-O'SULLIVAN [CONSENT] (S.D. Fla. Jun. 3, 2010) Cited 3 times
Granting motion to dismiss counterclaim by defendant who alleged that one of the plaintiffs was potentially liable for violating the FLSA as "an employer within the meaning of the FLSA"

Topol v. Hcl America, Inc. et al

9 Cited authorities

Holding that an employer willfully violated the FLSA when he had "extensive knowledge" of the FLSA's requirements, knew of previous violations, and relied on assurances by corporate decisionmakers despite their prior illegal activities

Finding that equitable tolling did not apply where the plaintiff "knew the facts that would comprise a cause of action"

Finding no cause of action exists for an employer to seek contribution or indemnity for violation of the FLSA

Holding that an employer's third-party complaint seeking indemnity from employee for alleged FLSA violations was preempted

Finding that Illinois law would follow federal law and not permit an employer's indemnity claim

Finding that indemnification claims, whether "based on contractual or equitable contribution, indemnification, breach of contract, breach of warranty, agency, or another state contract or equity claim, are preempted by the provisions of the FLSA."

In Cordova v. FedEx Ground Package Sys., 104 F.Supp.3d 1119 (D. Oregon 2015), delivery driver plaintiffs brought a wage class action against FedEx under Oregon law alleging that FedEx improperly treated them as independent contractors.

Granting motion to dismiss counterclaim by defendant who alleged that one of the plaintiffs was potentially liable for violating the FLSA as "an employer within the meaning of the FLSA"