Marcia A. Crone

Gellhaus v. Wal-Mart Stores, Inc.

District Court, E.D. Texas · 2011-03-10 · cited 7×

In Gellhaus v. Wal-Mart Stores, Inc., former Wal-Mart assistant manager Pam Gellhaus sued the company under the Fair Labor Standards Act, alleging she was a non-exempt employee entitled to overtime pay for routinely working 50-70 hours per week. Wal-Mart moved for summary judgment, arguing that Gellhaus qualified as an exempt executive employee. The court granted the motion, dismissing the claim after finding that Gellhaus's duties met the FLSA executive exemption criteria: she supervised and disciplined up to 100 employees, evaluated their performance, made recommendations on hiring and pay that were given particular weight, and received a salary exceeding $455 per week. The court concluded there were no genuine issues of material fact and that Wal-Mart was entitled to judgment as a matter of law on the exemption issue.

labor & employment

Moore v. Bis Salamis, Inc.

District Court, E.D. Texas · 2010-09-20 · cited 5×

In Moore v. Bis Salamis, Inc., the plaintiff sued his employer BSI and the owners/operators of the Thunder Horse offshore oil facility for injuries from chemical exposure and a fall, asserting claims under the Jones Act and general maritime law for unseaworthiness, maintenance and cure, and negligence. The defendants removed the case to federal court on the basis of the Outer Continental Shelf Lands Act, prompting the plaintiff's motion to remand to state court. The court denied remand, concluding it had subject-matter jurisdiction because the Thunder Horse is a fixed work platform, not a vessel, so the claims arise under federal OCSLA rather than the Jones Act.

procedurefederal powerlabor & employment

Finnicum v. Wyeth, Inc.

District Court, E.D. Texas · 2010-04-28 · cited 8×

Whiddon v. CHASE HOME FINANCE, LLC

District Court, E.D. Texas · 2009-10-14 · cited 19×

Martin v. J.A.M. Distributing Co.

District Court, E.D. Texas · 2009-07-13 · cited 6×

Ferrell v. Countryman

District Court, E.D. Texas · 2009-01-06 · cited 9×

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Decision record

Marcia A. Crone

Affiliations

Decision record