36 Cited authorities

Encino Motorcars, LLC v. Navarro
138 S. Ct. 1134 (2018) Cited 411 times 27 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"
Anderson v. Cagle's, Inc.
488 F.3d 945 (11th Cir. 2007) Cited 318 times 1 Legal Analyses
Holding that, at the second stage, plaintiffs must present evidence beyond their own allegations and affidavits
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
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 142 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
Johnson v. Big Lots Stores, Inc.
561 F. Supp. 2d 567 (E.D. La. 2008) Cited 101 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"
Slayman v. Fedex Ground Package Sys., Inc.
765 F.3d 1033 (9th Cir. 2014) Cited 75 times 2 Legal Analyses
Finding former employees "lacked Article III standing to seek prospective relief"
Brock v. Mr. W Fireworks, Inc.
814 F.2d 1042 (5th Cir. 1987) Cited 151 times 2 Legal Analyses
Holding that a determination "employee status" under the Fair Labor Standards Act is accurately labeled as a legal conclusion in the context of appellate review
Section 3121 - Definitions
26 U.S.C. § 3121 Cited 688 times 43 Legal Analyses
Excluding state employees

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

36 Cited authorities

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"

Holding that, at the second stage, plaintiffs must present evidence beyond their own allegations and affidavits

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

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 former employees "lacked Article III standing to seek prospective relief"

Holding that a determination "employee status" under the Fair Labor Standards Act is accurately labeled as a legal conclusion in the context of appellate review

Excluding state employees