§Why CasetextPricing

Avraham Gold, et al., Respondents,v.New York Life Insurance Co., et al., Appellants.

Brief

25 Cited authorities

  1. Icicle Seafoods, Inc. v. Worthington

    475 U.S. 709 (1986)   Cited 482 times
    Holding that a court of appeals "should not simply have made factual findings on its own"

  2. Labor Board v. Laughlin

    301 U.S. 1 (1937)   Cited 1,491 times   2 Legal Analyses
    Holding that the National Labor Relations Act applied only to interstate commerce, and upholding its constitutionality on that basis

  3. Eastex, Inc. v. Nat'l Labor Relations Bd.

    437 U.S. 556 (1978)   Cited 195 times   11 Legal Analyses
    Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity

  4. Morris v. Ernst & Young, LLP

    834 F.3d 975 (9th Cir. 2016)   Cited 147 times   52 Legal Analyses
    Holding arbitration provisions mandating individual arbitration of employment-related claims violate the NLRA and fall within the FAA's saving clause

  5. D.R. Horton, Inc. v. Nat'l Labor Relations Bd.

    737 F.3d 344 (5th Cir. 2013)   Cited 140 times   145 Legal Analyses
    Holding that an arbitration agreement that prohibited an employee from pursuing claims collectively did not violate the NLRA and must be enforced

  6. Sutherland v. Ernst & Young LLP

    726 F.3d 290 (2d Cir. 2013)   Cited 135 times   40 Legal Analyses
    Holding that class action waivers must be enforced absent a "contrary congressional command"

  7. Lewis v. Epic Sys. Corp.

    823 F.3d 1147 (7th Cir. 2016)   Cited 124 times   58 Legal Analyses
    Holding that such waivers violate the Fair Labor Standards Act

  8. Gold v. N.Y. Life Ins. Co.

    730 F.3d 137 (2d Cir. 2013)   Cited 130 times   4 Legal Analyses
    Holding that the Wage Theft Prevention Act is non-retroactive

  9. U.S. v. Wilkerson

    361 F.3d 717 (2d Cir. 2004)   Cited 168 times
    Finding Hobbs Act's jurisdictional element satisfied where defendant robbed two men who owned a landscaping company that served only in-state customers and that purchased supplies only from an in-state retailer, because the retailer in turn purchased some of the supplies from out of state

  10. Pachter v. Bernard Hodes

    2008 N.Y. Slip Op. 5300 (N.Y. 2008)   Cited 147 times   5 Legal Analyses
    Holding that parties "may provide that the computation of a commission will include certain downward adjustments from gross sales, billings or receivables . . . commission will not be deemed 'earned' or vested until computation of the agreed-upon formula"

  11. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,279 times   97 Legal Analyses
    Granting employees the right to engage in or refrain from engaging in union activity

  12. Section 193 - Deductions from wages

    N.Y. Lab. Law § 193   Cited 465 times   42 Legal Analyses
    Describing the limited circumstances in which employers may deduct wages

  13. Section 541.700 - Primary duty

    29 C.F.R. § 541.700   Cited 781 times   60 Legal Analyses
    Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"

  14. Section 541.500 - General rule for outside sales employees

    29 C.F.R. § 541.500   Cited 238 times   35 Legal Analyses
    Restricting the outside salesman exemption to employees "[w]hose primary duty is ... making sales"

  15. Section 541.203 - Administrative exemption examples

    29 C.F.R. § 541.203   Cited 196 times   41 Legal Analyses
    Describing “[a]n employee who leads a team of other employees assigned to complete major projects for the employer” and “[a]n executive assistant or administrative assistant”