42 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,459 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,199 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  3. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 1,953 times   12 Legal Analyses
    Holding that the "plain language" of the Fair Labor Standards Act's "willful" liquidated damages standard requires that "the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute," without regard to the outrageousness of the conduct at issue
  4. U.S. v. Amer. Trucking Ass'ns

    310 U.S. 534 (1940)   Cited 1,666 times   1 Legal Analyses
    Finding the purpose of the statute should be followed when the literal words would be at odds "with the policy of the legislation as a whole"
  5. Dalheim v. KDFW-TV

    918 F.2d 1220 (5th Cir. 1990)   Cited 241 times   11 Legal Analyses
    Holding that television station producers' jobs did not fit into administrative exemption because they produced the station's news-department product and were not involved in the administrative operations
  6. Levinson v. Spector Motor Co.

    330 U.S. 649 (1947)   Cited 255 times
    Holding that a "driver's work . . . obviously and dramatically affects the safety of operation of the carrier during every moment that he is driving . . . ."
  7. Cox v. United States

    332 U.S. 442 (1947)   Cited 192 times
    In Cox v. United States, 332 U.S. 442, 452-453, 68 S.Ct. 115, 92 L.Ed. 59, the Supreme Court held that the claim of no basis in fact for a selective service classification is to be determined by the trial court rather than by the jury.
  8. Lott v. Howard Wilson Chrysler-Plymouth, Inc.

    203 F.3d 326 (5th Cir. 2000)   Cited 117 times
    Holding that "comparative wages" is part of the analysis to determine whether an employee qualifies under the administrative exemption
  9. Pyramid Motor Corp. v. Ispass

    330 U.S. 695 (1947)   Cited 149 times
    Holding that whether an employee's job falls within the scope of the Motor Carrier Act exception is determined by his actual activities, not "by the name which may have been given to his position or to the work that he does"
  10. Songer v. Dillon Res., Inc.

    618 F.3d 467 (5th Cir. 2010)   Cited 67 times   2 Legal Analyses
    Holding that truck drivers fell within MCA exemption where employer required them each to hold “a valid Class A commercial driver license and meet the driver qualification requirements of” the FMCSA, and issued them the Pocketbook containing “a compilation of relevant regulatory information”
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,985 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,473 times   227 Legal Analyses
    Establishing overtime rules
  13. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,609 times   253 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement
  14. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,539 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful
  15. Section 260 - Liquidated damages

    29 U.S.C. § 260   Cited 1,803 times   11 Legal Analyses
    Granting district courts the discretion to decline to award liquidated damages when good faith is shown
  16. Section 13102 - Definitions

    49 U.S.C. § 13102   Cited 688 times   9 Legal Analyses
    Defining "broker"
  17. 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
  18. Section 541.200 - General rule for administrative employees

    29 C.F.R. § 541.200   Cited 896 times   92 Legal Analyses
    Providing that the administrative exemption can also apply if the employee’s primary duty is directly related to the management or general business operations of the employer’s customers
  19. Section 541.100 - General rule for executive employees

    29 C.F.R. § 541.100   Cited 852 times   52 Legal Analyses
    Requiring payment "on a salary basis at a rate of not less than $455 per week"
  20. 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"
  21. Section 541.201 - Directly related to management or general business operations

    29 C.F.R. § 541.201   Cited 480 times   74 Legal Analyses
    Listing examples of the functional areas related to "management or general business operations"
  22. Section 541.202 - Discretion and independent judgment

    29 C.F.R. § 541.202   Cited 453 times   57 Legal Analyses
    Regarding review by supervisors
  23. Section 541.602 - Salary basis

    29 C.F.R. § 541.602   Cited 401 times   145 Legal Analyses
    Focusing on whether "the employee regularly receives" a "predetermined amount" each relevant pay period
  24. Section 782.2 - Requirements for exemption in general

    29 C.F.R. § 782.2   Cited 313 times   8 Legal Analyses
    Noting that the determination must look to what an employee does in "the ordinary course of his work"
  25. Section 541.300 - General rule for professional employees

    29 C.F.R. § 541.300   Cited 223 times   38 Legal Analyses
    Requiring the employee to be "[c]ompensated on a salary or fee basis"
  26. Section 541.601 - Highly compensated employees

    29 C.F.R. § 541.601   Cited 219 times   43 Legal Analyses
    Requiring "at least $455 per week paid on a salary or fee basis"
  27. Section 541.203 - Administrative exemption examples

    29 C.F.R. § 541.203   Cited 196 times   41 Legal Analyses
    Describing “[a]n employee who leads a team of other employees assigned to complete major projects for the employer” and “[a]n executive assistant or administrative assistant”