60 Cited authorities

Icicle Seafoods, Inc. v. Worthington
475 U.S. 709 (1986) Cited 480 times
Holding that a court of appeals "should not simply have made factual findings on its own"
Ramos v. Baldor Specialty Foods, Inc.
687 F.3d 554 (2d Cir. 2012) Cited 200 times
Holding that a group of warehouse "captains" in an employer's warehouse fell within the scope of the executive exemption even though the captains only exercised supervisory responsibility over teams of warehouse "pickers," which the Court determined to be customarily recognized departments of the employer
Reiseck v. Universal Communications Miami
367 F. App'x 167 (2d Cir. 2010) Cited 177 times
Reversing summary judgment for employer city
D.R. Horton, Inc. v. Nat'l Labor Relations Bd.
737 F.3d 344 (5th Cir. 2013) Cited 139 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
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
Sutherland v. Ernst & Young LLP
726 F.3d 290 (2d Cir. 2013) Cited 133 times 40 Legal Analyses
Holding that class action waivers must be enforced absent a "contrary congressional command"
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
Pachter v. Bernard Hodes
2008 N.Y. Slip Op. 5300 (N.Y. 2008) Cited 145 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"
Schmidt v. Eagle Waste Recycling
599 F.3d 626 (7th Cir. 2010) Cited 133 times
Holding that district court did not err when it deemed defendant's proposed findings of fact admitted and refused to consider additional facts for plaintiff's failure to follow the local procedures on proposed findings of fact
Owen v. Bristol Care, Inc.
702 F.3d 1050 (8th Cir. 2013) Cited 115 times 46 Legal Analyses
Finding plaintiff failed to identify anything "in either the text or legislative history of the FLSA that indicates a congressional intent to bar employees from agreeing to arbitrate FLSA claims individually, nor is there an 'inherent conflict' between the FLSA and the FAA"
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
Section 193 - Deductions from wages
N.Y. Lab. Law § 193 Cited 461 times 42 Legal Analyses
Describing the limited circumstances in which employers may deduct wages
Section 652 - Minimum wage
N.Y. Lab. Law § 652 Cited 344 times 3 Legal Analyses
Raising state minimum wage to $8 per hour effective December 31, 2013, and $8.75 effective December 31, 2014
Section 4228 - Life insurance and annuity business; limitations of expenses
N.Y. Ins. Law § 4228 Cited 2 times 1 Legal Analyses
(a) The provisions of this section shall apply to all domestic life insurance companies and to all foreign and alien life insurance companies doing business in this state, but not the alien branches of such companies or such companies' subsidiaries not licensed in this state to do an insurance business, except as provided in subsection (h) of this section, engaged in the direct sale of individual life insurance policies or individual annuity contracts, hereinafter referred to as "companies". Except
Section 541.700 - Primary duty
29 C.F.R. § 541.700 Cited 779 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"
Section 142-2.2 - Overtime rate
N.Y. Comp. Codes R. & Regs. tit. 12 § 142-2.2 Cited 620 times 1 Legal Analyses
Adopting most FLSA exemption categories, including outside salesman
Section 541.500 - General rule for outside sales employees
29 C.F.R. § 541.500 Cited 237 times 35 Legal Analyses
Restricting the outside salesman exemption to employees "[w]hose primary duty is ... making sales"
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”

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

60 Cited authorities

Holding that a court of appeals "should not simply have made factual findings on its own"

Reversing summary judgment for employer city

Holding that an arbitration agreement that prohibited an employee from pursuing claims collectively did not violate the NLRA and must be enforced

Holding that such waivers violate the Fair Labor Standards Act

Holding that class action waivers must be enforced absent a "contrary congressional command"

Holding that the Wage Theft Prevention Act is non-retroactive

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"

Holding that district court did not err when it deemed defendant's proposed findings of fact admitted and refused to consider additional facts for plaintiff's failure to follow the local procedures on proposed findings of fact

Finding plaintiff failed to identify anything "in either the text or legislative history of the FLSA that indicates a congressional intent to bar employees from agreeing to arbitrate FLSA claims individually, nor is there an 'inherent conflict' between the FLSA and the FAA"

Exempting salaried employees from the FLSA's overtime pay requirement

Describing the limited circumstances in which employers may deduct wages

Raising state minimum wage to $8 per hour effective December 31, 2013, and $8.75 effective December 31, 2014

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"

Adopting most FLSA exemption categories, including outside salesman

Restricting the outside salesman exemption to employees "[w]hose primary duty is ... making sales"

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”