35 Cited authorities

Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,493 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
McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 52,366 times 95 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Tyson Foods, Inc. v. Bouaphakeo
577 U.S. 442 (2016) Cited 1,196 times 80 Legal Analyses
Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim
Kasten v. Saint-Gobain Performance Plastics
563 U.S. 1 (2011) Cited 625 times 42 Legal Analyses
Holding that “the phrase ‘any complaint’ suggests a broad interpretation”
IBP, Inc. v. Alvarez
546 U.S. 21 (2005) Cited 579 times 24 Legal Analyses
Holding that time spent walking between the locker room and the production area after donning protective gear is compensable work under the FLSA
Bias v. Moynihan
508 F.3d 1212 (9th Cir. 2007) Cited 1,484 times
Holding that a court “may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue”
Anderson v. Mt. Clemens Pottery Co.
328 U.S. 680 (1946) Cited 2,595 times 58 Legal Analyses
Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"
Herman v. RSR Sec. Servs. Ltd.
172 F.3d 132 (2d Cir. 1999) Cited 1,073 times 6 Legal Analyses
Holding that an employer willfully violated the FLSA when he had "extensive knowledge" of the FLSA's requirements, knew of previous violations, and relied on assurances by corporate decisionmakers despite their prior illegal activities
F.T.C. v. Stefanchik
559 F.3d 924 (9th Cir. 2009) Cited 686 times
Holding "the district court did not abuse its discretion by holding the defendants liable for the full amount of loss incurred by consumers"
Mitchell v. DeMario Jewelry
361 U.S. 288 (1960) Cited 440 times 8 Legal Analyses
Holding district court has authority pursuant to Section 17 of the Fair Labor Standards Act of 1938 to order reimbursement for lost wages resulting from employment discrimination, as well as equitable authority to enter a permanent injunction ordering cessation of future discrimination and reinstatement of discharged employees
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,940 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,458 times 141 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,868 times 100 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 255 - Statute of limitations
29 U.S.C. § 255 Cited 4,554 times 8 Legal Analyses
Recognizing that not all FLSA wage and overtime claims are willful
Section 215 - Prohibited acts; prima facie evidence
29 U.S.C. § 215 Cited 2,652 times 50 Legal Analyses
Recognizing as a protected activity an individual's “testif[ying] ... in any such proceeding” “under or related to this chapter”
Section 260 - Liquidated damages
29 U.S.C. § 260 Cited 1,813 times 11 Legal Analyses
Granting district courts the discretion to decline to award liquidated damages when good faith is shown
Section 202 - Congressional finding and declaration of policy
29 U.S.C. § 202 Cited 1,114 times 5 Legal Analyses
Finding that domestic service employees affect commerce
Section 259 - Reliance in future on administrative rulings, etc.
29 U.S.C. § 259 Cited 329 times 114 Legal Analyses
Providing a good faith defense to certain claims under the Fair Labors Standards Act
Section 531.52 - General restrictions on an employer's use of its employees' tips
29 C.F.R. § 531.52 Cited 113 times 56 Legal Analyses
Requiring a customer's tipping of a server to be "free of any control by the employer"
Section 531.54 - Tip pooling
29 C.F.R. § 531.54 Cited 69 times 10 Legal Analyses
Recognizing that bus boys who assist servers but who customarily do not directly receive diner-donated gratuities may properly be included in an employer-mandated tip pool
Section 531.60 - Overtime payments
29 C.F.R. § 531.60 Cited 36 times 9 Legal Analyses
Stating that "a tipped employee's regular rate of pay includes the amount of the tip credit taken by the employer per hour"

Allison et al v. Dolich et al

35 Cited authorities

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

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim

Holding that “the phrase ‘any complaint’ suggests a broad interpretation”

Holding that time spent walking between the locker room and the production area after donning protective gear is compensable work under the FLSA

Holding that a court “may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue”

Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"

Holding that an employer willfully violated the FLSA when he had "extensive knowledge" of the FLSA's requirements, knew of previous violations, and relied on assurances by corporate decisionmakers despite their prior illegal activities

Holding "the district court did not abuse its discretion by holding the defendants liable for the full amount of loss incurred by consumers"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Recognizing that not all FLSA wage and overtime claims are willful

Recognizing as a protected activity an individual's “testif[ying] ... in any such proceeding” “under or related to this chapter”

Granting district courts the discretion to decline to award liquidated damages when good faith is shown

Finding that domestic service employees affect commerce

Providing a good faith defense to certain claims under the Fair Labors Standards Act

Requiring a customer's tipping of a server to be "free of any control by the employer"

Recognizing that bus boys who assist servers but who customarily do not directly receive diner-donated gratuities may properly be included in an employer-mandated tip pool

Stating that "a tipped employee's regular rate of pay includes the amount of the tip credit taken by the employer per hour"