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Medrano v. Flowers Food, Inc. et al

RESPONSE in Opposition re Opposed MOTION Decertification of the Conditionally Certified Collective Action and Memorandum in Support

31 Cited authorities

  1. Hoffmann-La Roche Inc. v. Sperling

    493 U.S. 165 (1989)   Cited 3,000 times   19 Legal Analyses
    Holding that district courts have discretion to implement § 216(b)

  2. Morgan v. Family Dollar

    551 F.3d 1233 (11th Cir. 2008)   Cited 910 times   8 Legal Analyses
    Holding that sufficient evidence supported jury's determination that Family Dollar Store Managers were nonexempt employees

  3. Kuebel v. Black Decker

    643 F.3d 352 (2d Cir. 2011)   Cited 488 times   5 Legal Analyses
    Holding that a triable fact question existed as to willfulness where the employer was aware that the employee's responsibilities might require over 40 hours of work per week and instructed him not to record overtime

  4. Henderson v. Inter-Chem Coal Co., Inc.

    41 F.3d 567 (10th Cir. 1994)   Cited 529 times
    Finding that summary judgment was inappropriate because the evidence presented by the defendant supported an inference that the plaintiff was an employee, but the evidence presented by the plaintiff supported an inference that he was an independent contractor

  5. Brock v. Superior Care, Inc.

    840 F.2d 1054 (2d Cir. 1988)   Cited 494 times   4 Legal Analyses
    Holding that health care agency was employer of nurses whom it referred for various placements

  6. Falcon v. Starbucks Corp.

    580 F. Supp. 2d 528 (S.D. Tex. 2008)   Cited 134 times
    Holding that substantial evidence of an informal policy abiding or encouraging unpaid overtime could support conditional certification despite the existence of an official "time worked is time paid" policy

  7. Ansoumana v. Gristede's Operating Corp.

    255 F. Supp. 2d 184 (S.D.N.Y. 2003)   Cited 122 times
    Holding in FLSA context that “[a]n employer's characterization of an employee is not controlling, however, for otherwise there could be no enforcement of any minimum wage or overtime law”

  8. Gionfriddo v. Jason Zink, LLC

    769 F. Supp. 2d 880 (D. Md. 2011)   Cited 90 times
    Holding that the owner of a tavern was an "employer" under the FLSA and thus ineligible to participate in a tip pool

  9. Rawls v. Augustine Home Health Care, Inc.

    244 F.R.D. 298 (D. Md. 2007)   Cited 90 times
    Discussing the "decertification" process

  10. Nerland v. Caribou Coffee Co.

    564 F. Supp. 2d 1010 (D. Minn. 2007)   Cited 67 times
    Holding that evidence of a common policy of uniformly classifying employees as exempt and declining to pay overtime compensation where plaintiffs indicated they worked in excess of 40 hours per week "supports a finding of sufficient commonality between and among the plaintiffs to support collective adjudication of their misclassification claims."

  11. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,327 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  12. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,600 times   252 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement

  13. Section 3121 - Definitions

    26 U.S.C. § 3121   Cited 688 times   43 Legal Analyses
    Excluding state employees

  14. Section 31132 - Definitions

    49 U.S.C. § 31132   Cited 116 times   3 Legal Analyses
    Defining "commercial motor vehicle"