24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 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
Griffin v. Oceanic Contractors, Inc.
458 U.S. 564 (1982) Cited 1,270 times 2 Legal Analyses
Holding that a court has no discretion in the assessment of the double-wage penalty
U.S. v. Amer. Trucking Ass'ns
310 U.S. 534 (1940) Cited 1,677 times 2 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"
Secretary of Labor v. Labbe
319 F. App'x 761 (11th Cir. 2008) Cited 210 times 1 Legal Analyses
Holding that an allegation that the defendant "repeatedly violated" the FLSA by "failing to pay covered employees minimum hourly wages and to compensate employees who worked in excess of forty hours a week at the appropriate rates" was sufficient to state a claim of relief under the FLSA
Zhong v. August August Corp.
498 F. Supp. 2d 625 (S.D.N.Y. 2007) Cited 120 times
Holding that where plaintiff indicated the number of hours worked per week, the wage plaintiff was earning, and the total number of weeks plaintiff worked sufficiently alleged damages in an FLSA claim
Hertz v. Woodbury County
566 F.3d 775 (8th Cir. 2009) Cited 112 times
Finding that "[a]ccess to records indicating that employees were working overtime . . . is not necessarily sufficient to establish constructive knowledge"
Detroit Edison Co. v. Comm'r
319 U.S. 98 (1943) Cited 160 times
Holding that payments from an electric company's customers were not contributions to capital
Fribourg Nav. Co. v. Commissioner
383 U.S. 272 (1966) Cited 77 times
In Fribourg the Supreme Court held that, "as a matter of law, the sale of a depreciable asset for an amount in excess of its adjusted basis at the beginning of the year of sale" does not bar "deduction of depreciation for that year".
Chan v. Triple 8 Palace, Inc.
03 Civ. 6048 (GEL) (S.D.N.Y. Mar. 30, 2006) Cited 58 times 1 Legal Analyses
Holding that it "remains unclear whether and in what sense" defendants can be liable for failure to provide adequate notice
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 203 - Definitions
29 U.S.C. § 203 Cited 6,971 times 280 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 177.23 - [Effective Until 1/1/2025] DEFINITIONS
Minn. Stat. § 177.23 Cited 33 times 11 Legal Analyses
Defining "employ" as "to permit to work"
Section 531.35 - "Free and clear" payment; "kickbacks."
29 C.F.R. § 531.35 Cited 296 times 16 Legal Analyses
Noting that wages "cannot be considered to have been paid by the employer and received by the employee unless they are paid finally and unconditionally"
Section 531.52 - General restrictions on an employer's use of its employees' tips
29 C.F.R. § 531.52 Cited 118 times 56 Legal Analyses
Requiring a customer's tipping of a server to be "free of any control by the employer"
Section 531.32 - "Other facilities."
29 C.F.R. § 531.32 Cited 81 times 5 Legal Analyses
Describing items like safety caps, explosives, lamps, electric power, company police or security, taxes and insurance on employer buildings, railway fare for maintenance-of-way railway workers, and uniforms as "other facilities" not subject to deduction from the employees' wages
Section 531.55 - Examples of amounts not received as tips
29 C.F.R. § 531.55 Cited 74 times 8 Legal Analyses
Distinguishing between "tips" and "service charges"
Section 531.50 - Statutory provisions with respect to tipped employees
29 C.F.R. § 531.50 Cited 46 times 2 Legal Analyses
Providing that the cash wage is $2.13 an hour

Bailey et al v. Border Foods, Inc.

24 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 that a court has no discretion in the assessment of the double-wage penalty

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"

Holding that an allegation that the defendant "repeatedly violated" the FLSA by "failing to pay covered employees minimum hourly wages and to compensate employees who worked in excess of forty hours a week at the appropriate rates" was sufficient to state a claim of relief under the FLSA

Holding that where plaintiff indicated the number of hours worked per week, the wage plaintiff was earning, and the total number of weeks plaintiff worked sufficiently alleged damages in an FLSA claim

Finding that "[a]ccess to records indicating that employees were working overtime . . . is not necessarily sufficient to establish constructive knowledge"

Holding that payments from an electric company's customers were not contributions to capital

In Fribourg the Supreme Court held that, "as a matter of law, the sale of a depreciable asset for an amount in excess of its adjusted basis at the beginning of the year of sale" does not bar "deduction of depreciation for that year".

Holding that it "remains unclear whether and in what sense" defendants can be liable for failure to provide adequate notice

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

Defining "employ" as "to permit to work"

Noting that wages "cannot be considered to have been paid by the employer and received by the employee unless they are paid finally and unconditionally"

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

Describing items like safety caps, explosives, lamps, electric power, company police or security, taxes and insurance on employer buildings, railway fare for maintenance-of-way railway workers, and uniforms as "other facilities" not subject to deduction from the employees' wages

Distinguishing between "tips" and "service charges"

Providing that the cash wage is $2.13 an hour