Legal Opinion

McLamb v. Hospitality

District Court, D. Delaware

Decided July 12, 2016No. Case No. 16-00089 GMSPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM

JUDGE GREGORY M. SLEET, UNITED STATES DISTRICT COURT

I.INTRODUCTION

On January 26, 2016, the plaintiff, Wendy McLamb (“McLamb”), filed this lawsuit against her former employer, defendant High 5 Hospitality (“High 5”). (D.I. 1.) In her complaint, McLamb alleges a deprivation of her statutory rights under the Fair Labor Standards Act of 1938 (“FLSA”). 29 U.S.C. §201 et seq. (Id., ¶5, 6, 7.) McLamb claims that she was unlawfully paid a tip-credit cash wage from High 5 for untipped work unrelated to her tipped duties as a server and bartender that should be classified as a separate job…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Christensen v. Harris CountySupreme Court of the United States · 2000
  5. Peter Bistrian v. Troy LeviCourt of Appeals for the Third Circuit · 2012

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3Cited by7 opinions

  1. Grosscup v. KPW Management, Inc.District Court, N.D. Illinois · 2017
  2. Alec Marsh v. J. Alexander's LLCCourt of Appeals for the Ninth Circuit · 2017
  3. Alec Marsh v. J. Alexander's LLCCourt of Appeals for the Ninth Circuit · 2017
  4. Chavez v. T & B Mgmt., LLCDistrict Court, M.D. North Carolina · 2017
  5. Flores v. HMS Host CorporationDistrict Court, D. Maryland · 2019

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