31 Cited authorities

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
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
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
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
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
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
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”
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
Rawls v. Augustine Home Health Care, Inc.
244 F.R.D. 298 (D. Md. 2007) Cited 73 times
Discussing the "decertification" process
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."
Section 216 - Penalties
29 U.S.C. § 216 Cited 13,309 times 129 Legal Analyses
Vesting enforcement power in Secretary of Labor
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
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)"
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 "

Medrano v. Flowers Food, Inc. et al

31 Cited authorities

Holding that the same justification for exercising control over class communications under Rule 23 apply in collective actions

Holding that sufficient evidence supported jury's determination that Family Dollar Store Managers were nonexempt employees

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

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

Holding that health care agency was employer of nurses whom it referred for various placements

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

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”

Holding that the owner of a tavern was an "employer" under the FLSA and thus ineligible to participate in a tip pool

Discussing the "decertification" process

Vesting enforcement power in Secretary of Labor

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

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)"

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 "