13 Cited authorities

Kellar v. Summit Seating Inc.
664 F.3d 169 (7th Cir. 2011) Cited 165 times 5 Legal Analyses
Holding that the FLSA does not “requir[e] the employer to pay for work it did not know about, and had no reason to know about”
Walton v. United Consumers Club, Inc.
786 F.2d 303 (7th Cir. 1986) Cited 342 times 3 Legal Analyses
Holding that the admission of answers to interrogatories in lieu of oral testimony violated the hearsay rule but that the error was harmless
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
Bukholder v. City of Fort Wayne
750 F. Supp. 2d 990 (N.D. Ind. 2010) Cited 79 times
Concluding that final certification is appropriate where "there is evidence that the duties of the job are largely defined by comprehensive corporate procedures and policies," and the defendants' "defenses would apply to all Plaintiffs"
Gaines v. K-Five Constr. Corp.
742 F.3d 256 (7th Cir. 2014) Cited 42 times 4 Legal Analyses
Holding that an employee's notations outside the payroll form's space for recording "hours worked" failed to "raise a reasonable inference that [the employer] knew that [the plaintiff] was working unauthorized overtime"
In re Rent-Way Securities Litigation
218 F.R.D. 101 (W.D. Pa. 2003) Cited 57 times
Holding that "the paucity of objectors suggests overwhelming class-wide support for the proposed Settlement"
Herrington v. Waterstone Mortg. Corp.
907 F.3d 502 (7th Cir. 2018) Cited 27 times 9 Legal Analyses
Addressing the "primary argument" plaintiff made in her supplemental brief
In re Linerboard Antitrust Litigation
292 F. Supp. 2d 631 (E.D. Pa. 2003) Cited 48 times
Noting that partial settlement "provides class plaintiffs with an immediate financial recovery that ensures funding to pursue the litigation against the non-settling defendants"
Salcedo v. D'Arcy Buick GMC, Inc.
227 F. Supp. 3d 960 (N.D. Ill. 2016) Cited 14 times
Denying request to seal FLSA settlement agreement where the request was based on the defendant's concern that public disclosure of the settlement's terms might affect future litigation
Butler v. HomeServices Lending LLC
Case No. 11-cv-2313-L(MDD) (S.D. Cal. May. 29, 2014)
Case No. 11-cv-2313-L(MDD) 05-29-2014 KELLY BUTLER, Plaintiff, v. HOMESERVICES LENDING LLC, et al., Defendants. M. James Lorenz ORDER DENYING DEFENDANT'S MOTION FOR THE AFFIRMATIVE DEFENSE OF EQUITABLE ESTOPPEL [DOC. 130-1] Pending before the Court is Defendant's motion to for a ruling on its affirmative defense of equitable estoppel. (Def.'s Mot. [Doc. 130-1].) The motion is fully briefed. (Opp'n [Doc. 134]; Reply [Doc. 135].) The Court found this motion suitable for determination on the papers
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 14,950 times 47 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 207 - Maximum hours
29 U.S.C. § 207 Cited 10,425 times 224 Legal Analyses
Establishing overtime rules
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"

Waterstone Mortgage Corporation v. Downey, Deanna et al

13 Cited authorities

Holding that the FLSA does not “requir[e] the employer to pay for work it did not know about, and had no reason to know about”

Holding that the admission of answers to interrogatories in lieu of oral testimony violated the hearsay rule but that the error was harmless

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

Concluding that final certification is appropriate where "there is evidence that the duties of the job are largely defined by comprehensive corporate procedures and policies," and the defendants' "defenses would apply to all Plaintiffs"

Holding that an employee's notations outside the payroll form's space for recording "hours worked" failed to "raise a reasonable inference that [the employer] knew that [the plaintiff] was working unauthorized overtime"

Holding that "the paucity of objectors suggests overwhelming class-wide support for the proposed Settlement"

Addressing the "primary argument" plaintiff made in her supplemental brief

Noting that partial settlement "provides class plaintiffs with an immediate financial recovery that ensures funding to pursue the litigation against the non-settling defendants"

Denying request to seal FLSA settlement agreement where the request was based on the defendant's concern that public disclosure of the settlement's terms might affect future litigation

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Establishing overtime rules

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