30 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 239,217 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 218,869 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"
Knight v. U.S. Fire Ins. Co.
804 F.2d 9 (2d Cir. 1986) Cited 2,240 times
Holding that a party cannot rely on "mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment"
Harlen Associates v. Inc. Village of Mineola
273 F.3d 494 (2d Cir. 2001) Cited 1,064 times
Holding that differential treatment based on the “ ‘intent to inhibit or punish the exercise of constitutional rights' ” was basis for selective enforcement claim
Brooklyn Bank v. O'Neil
324 U.S. 697 (1945) Cited 1,724 times 28 Legal Analyses
Holding right to liquidated damages under Fair Labor Standards Act nonwaivable
Giordano v. City of New York
274 F.3d 740 (2d Cir. 2001) Cited 873 times 1 Legal Analyses
Holding that the district court properly granted summary judgment in favor of the defendants on the plaintiffs class-of-one equal protection claim because there was no evidence in the record that the defendants knew that they were treating the plaintiff differently from anyone else
Hogan v. Allstate Ins. Co.
361 F.3d 621 (11th Cir. 2004) Cited 106 times 8 Legal Analyses
Holding that insurance salesmen were not production employees because "[t]heir duties included promoting sales, advising customers, adapting policies to customer's needs, .... These duties are similar to administrative, rather than production, tasks"
Acs v. Detroit Edison Co.
444 F.3d 763 (6th Cir. 2006) Cited 59 times
Holding that an employer met the salary-basis test where it showed that it guaranteed 1/26th of an employee's pay every two weeks even if the employee did not work forty hours per week
Davis v. Lenox Hill Hospital
No. 03 Civ. 3746 (DLC) (S.D.N.Y. Aug. 31, 2004) Cited 59 times
Holding that the plaintiff, a nurse in an exempt program claiming denial of overtime wages, was not similarly situated to nonexempt nurses
Brock v. Claridge Hotel & Casino
846 F.2d 180 (3d Cir. 1988) Cited 94 times 3 Legal Analyses
Holding that "ambiguity of the regulation" and the "closeness of the question" constituted sufficient evidence on both sides of legal issue for employer to avoid liquidated damages
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 333,232 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 255 - Statute of limitations
29 U.S.C. § 255 Cited 4,603 times 8 Legal Analyses
Recognizing that not all FLSA wage and overtime claims are willful
Section 541.602 - Salary basis
29 C.F.R. § 541.602 Cited 405 times 145 Legal Analyses
Focusing on whether "the employee regularly receives" a "predetermined amount" each relevant pay period
Section 541.300 - General rule for professional employees
29 C.F.R. § 541.300 Cited 225 times 38 Legal Analyses
Requiring the employee to be "[c]ompensated on a salary or fee basis"
Section 541.301 - Learned professionals
29 C.F.R. § 541.301 Cited 196 times 38 Legal Analyses
Stating that "bookkeepers . . . generally will not qualify as exempt professionals."
Section 541.604 - Minimum guarantee plus extras
29 C.F.R. § 541.604 Cited 144 times 51 Legal Analyses
Stating that, "for example, an exempt employee guaranteed at least each week paid on a salary basis may also receive additional compensation of a one percent commission on sales"

Anani v. CVS RX Services, Inc.

30 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

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"

Holding that a party cannot rely on "mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment"

Holding that differential treatment based on the “ ‘intent to inhibit or punish the exercise of constitutional rights' ” was basis for selective enforcement claim

Holding right to liquidated damages under Fair Labor Standards Act nonwaivable

Holding that the district court properly granted summary judgment in favor of the defendants on the plaintiffs class-of-one equal protection claim because there was no evidence in the record that the defendants knew that they were treating the plaintiff differently from anyone else

Holding that insurance salesmen were not production employees because "[t]heir duties included promoting sales, advising customers, adapting policies to customer's needs, .... These duties are similar to administrative, rather than production, tasks"

Holding that an employer met the salary-basis test where it showed that it guaranteed 1/26th of an employee's pay every two weeks even if the employee did not work forty hours per week

Holding that the plaintiff, a nurse in an exempt program claiming denial of overtime wages, was not similarly situated to nonexempt nurses

Holding that "ambiguity of the regulation" and the "closeness of the question" constituted sufficient evidence on both sides of legal issue for employer to avoid liquidated damages

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

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Recognizing that not all FLSA wage and overtime claims are willful

Focusing on whether "the employee regularly receives" a "predetermined amount" each relevant pay period

Requiring the employee to be "[c]ompensated on a salary or fee basis"

Stating that "bookkeepers . . . generally will not qualify as exempt professionals."

Stating that, "for example, an exempt employee guaranteed at least each week paid on a salary basis may also receive additional compensation of a one percent commission on sales"