Holding that evidence of employer's policies requiring accurate timekeeping "raises factual and credibility questions for trial, but it does not afford a basis for summary judgment" in light of plaintiff's testimony that he was encouraged by his managers not to record all of his hours
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
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
255 F. Supp. 2d 184 (S.D.N.Y. 2003) Cited 103 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”
564 F. Supp. 2d 1010 (D. Minn. 2007) Cited 58 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."
29 U.S.C. § 213 Cited 4,076 times 212 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
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)"
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 "