550 U.S. 544 (2007) Cited 274,046 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Holding complaint may be dismissed on statute of limitations grounds where allegations therein, even when read with required liberality, would not permit plaintiff to prove statute was tolled
505 F. Supp. 2d 609 (N.D. Cal. 2007) Cited 224 times
Holding that the defendant's motions to dismiss or strike the class allegations are premature" where the defendant had not answered the complaint, discovery had not yet commenced, and no motion for class certification had been filed
Holding that plaintiffs could not pursue civil penalties for a Section 558 violation without complying with the pre-filing notice and exhaustion requirements of PAGA
Concluding that California Labor Code § 351, which provides that employers shall not collect gratuities given to their employees, and that “[e]very gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for,” did not expressly create a cause of action because it did not “unmistakably reveal a legislative intent to provide wronged employees a private right to sue”
Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action
Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"