54 Cited authorities

Morgan v. Family Dollar
551 F.3d 1233 (11th Cir. 2008) Cited 912 times 8 Legal Analyses
Holding that sufficient evidence supported jury's determination that Family Dollar Store Managers were nonexempt employees
Hipp v. Liberty Nat'l Life Ins.
252 F.3d 1208 (11th Cir. 2001) Cited 1,102 times 2 Legal Analyses
Holding that the continuing violation doctrine did not apply where a plaintiff was aware that he incurred harm at the time each harmful act took place
Brock v. Superior Care, Inc.
840 F.2d 1054 (2d Cir. 1988) Cited 494 times 4 Legal Analyses
Holding that health care agency was employer of nurses whom it referred for various placements
Schultz v. Capital Intern. Sec., Inc.
466 F.3d 298 (4th Cir. 2006) Cited 246 times 1 Legal Analyses
Holding that a Saudi prince jointly employed the person who guarded him, along with the security firm that employed and provided the guard
Scantland v. Jeffry Knight, Inc.
721 F.3d 1308 (11th Cir. 2013) Cited 147 times 5 Legal Analyses
Holding this factor weighed in favor of economic dependence where the employee's opportunity for profit or loss depended more upon the employer's provision of work than on the employees' managerial skills
Baystate Alt. Staffing, Inc. v. Herman
163 F.3d 668 (1st Cir. 1998) Cited 219 times 5 Legal Analyses
Finding that the Bonnette factors provided the best framework for determining whether an agency that provided temporary workers to other entities was a joint employer of the workers under the FLSA
Purdham v. Fairfax Cty. Sch. Bd.
629 F. Supp. 2d 544 (E.D. Va. 2009) Cited 143 times
Concluding that "conditional certification [was] not appropriate based on the probable necessity of individualized FLSA determinations for each putative class member"
Martin v. Selker Bros., Inc.
949 F.2d 1286 (3d Cir. 1991) Cited 229 times 1 Legal Analyses
Holding that gas station operators were employees, rather than independent contractors, of gasoline distributor
Romero v. Producers Dairy Foods, Inc.
235 F.R.D. 474 (E.D. Cal. 2006) Cited 123 times
Finding "first class mail, combined with posting . . . provides the 'best notice practicable' to the potential class"
Ansoumana v. Gristede's Operating Corp.
255 F. Supp. 2d 184 (S.D.N.Y. 2003) Cited 122 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”
Section 213 - Exemptions
29 U.S.C. § 213 Cited 4,602 times 252 Legal Analyses
Exempting salaried employees from the FLSA's overtime pay requirement
Section 211 - Collection of data
29 U.S.C. § 211 Cited 1,303 times 6 Legal Analyses
Providing that employers must "make, keep, and preserve" records of employees' hours
Section 31502 - Requirements for qualifications, hours of service, safety, and equipment standards
49 U.S.C. § 31502 Cited 323 times 3 Legal Analyses
Granting Secretary of Transportation authority to prescribe maximum hours for motor carrier employees
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"

Rosinbaum, et al v. Flowers Foods, Inc., et al

54 Cited authorities

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

Holding that the continuing violation doctrine did not apply where a plaintiff was aware that he incurred harm at the time each harmful act took place

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

Holding that a Saudi prince jointly employed the person who guarded him, along with the security firm that employed and provided the guard

Holding this factor weighed in favor of economic dependence where the employee's opportunity for profit or loss depended more upon the employer's provision of work than on the employees' managerial skills

Finding that the Bonnette factors provided the best framework for determining whether an agency that provided temporary workers to other entities was a joint employer of the workers under the FLSA

Concluding that "conditional certification [was] not appropriate based on the probable necessity of individualized FLSA determinations for each putative class member"

Holding that gas station operators were employees, rather than independent contractors, of gasoline distributor

Finding "first class mail, combined with posting . . . provides the 'best notice practicable' to the potential class"

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”

Exempting salaried employees from the FLSA's overtime pay requirement

Providing that employers must "make, keep, and preserve" records of employees' hours

Granting Secretary of Transportation authority to prescribe maximum hours for motor carrier employees

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"