Wednesday, August 17, 2011

Seventh Circuit -- Lisa Hicks v. Avery Drei, LLC

Lisa Hicks v. Avery Drei, LLC

Claim for vacation pay in the first year TKO'd by agreement with employer that there would be no vacation pay in the first year.

Allegedly spurious supplemental response provided by deft at end of discovery period not grounds for reversal, as forfeited for not including the relevant parts of the record with the appeal, and not enough of a miscarriage of justice to justify reversal for plain error.

No error in court's finding that enterprise was not subject to the FLSA.

Special concurrence - Enough evidence in the record for FLSA coverage.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.