37 Cited authorities

  1. Encino Motorcars, LLC v. Navarro

    138 S. Ct. 1134 (2018)   Cited 173 times   20 Legal Analyses
    Holding that a Fair Labor Standards Act exemption applied to each listed activity in a provision individually where the activities were joined in the list by "or"
  2. Anderson v. Cagle's, Inc.

    488 F.3d 945 (11th Cir. 2007)   Cited 274 times   1 Legal Analyses
    Holding that, at the second stage, plaintiffs must present evidence beyond their own allegations and affidavits
  3. Brock v. Superior Care, Inc.

    840 F.2d 1054 (2d Cir. 1988)   Cited 389 times   4 Legal Analyses
    Holding that health care agency was employer of nurses whom it referred for various placements
  4. Baystate Alt. Staffing, Inc. v. Herman

    163 F.3d 668 (1st Cir. 1998)   Cited 178 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
  5. Scantland v. Jeffry Knight, Inc.

    721 F.3d 1308 (11th Cir. 2013)   Cited 103 times   4 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
  6. Purdham v. Fairfax Cty. Sch. Bd.

    629 F. Supp. 2d 544 (E.D. Va. 2009)   Cited 112 times
    Concluding that "conditional certification [was] not appropriate based on the probable necessity of individualized FLSA determinations for each putative class member"
  7. Martin v. Selker Bros., Inc.

    949 F.2d 1286 (3d Cir. 1991)   Cited 182 times   1 Legal Analyses
    Holding that gas station operators were employees, rather than independent contractors, of gasoline distributor
  8. Johnson v. Big Lots Stores, Inc.

    561 F. Supp. 2d 567 (E.D. La. 2008)   Cited 85 times   4 Legal Analyses
    Holding in a post-bench trial ruling on a motion to decertify a collective action under § 216(b) that "further consideration of the certification issue is warranted in light of the more fully developed factual record presented at trial" and noting that the court has an "ongoing obligation to monitor the propriety of certification in light of factual developments"
  9. Slayman v. Fedex Ground Package Sys., Inc.

    765 F.3d 1033 (9th Cir. 2014)   Cited 54 times   2 Legal Analyses
    Reversing grant of summary judgment to FedEx and denial of partial summary judgment to plaintiffs, holding that the drivers were employees as a matter of law under Oregon law
  10. Brock v. Mr. W Fireworks, Inc.

    814 F.2d 1042 (5th Cir. 1987)   Cited 123 times   1 Legal Analyses
    Holding that operators of fireworks stands were "more closely akin to wage earners toiling for a living than to independent entrepreneurs seeking a return on their risky capital investments" where operators made only minimal investments in business, employer controlled price of product and advertising, and defendant unilaterally established operators' rate and means of compensation
  11. Section 3121 - Definitions

    26 U.S.C. § 3121   Cited 510 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)"