31 Cited authorities

  1. Hoffmann-La Roche Inc. v. Sperling

    493 U.S. 165 (1989)   Cited 2,471 times   16 Legal Analyses
    Holding that the same justification for exercising control over class communications under Rule 23 apply in collective actions
  2. Morgan v. Family Dollar

    551 F.3d 1233 (11th Cir. 2008)   Cited 760 times   7 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 326 times   3 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 443 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 407 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 115 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 108 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 74 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 73 times
    Discussing the "decertification" process
  10. Nerland v. Caribou Coffee Co.

    564 F. Supp. 2d 1010 (D. Minn. 2007)   Cited 60 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 13,309 times   129 Legal Analyses
    Vesting enforcement power in Secretary of Labor
  12. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,084 times   221 Legal Analyses
    Providing an exemption for 12 and 13-year olds that are either employed on the same farm as parents or working with parental consent, and working outside school hours
  13. Section 3121 - Definitions

    26 U.S.C. § 3121   Cited 518 times   18 Legal Analyses
    Excluding from FICA's definition of wages remuneration above "the [FICA] contribution and benefit base (as determined under section 230 of the Social Security Act)"
  14. Section 31132 - Definitions

    49 U.S.C. § 31132   Cited 101 times   3 Legal Analyses
    Defining a "commercial motor vehicle" as, in part, a vehicle with "a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater "