33 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,589 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 276,823 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
Wyeth v. Levine
555 U.S. 555 (2009) Cited 1,462 times 101 Legal Analyses
Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
Cipollone v. Liggett Group, Inc.
505 U.S. 504 (1992) Cited 2,432 times 9 Legal Analyses
Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
Gade v. National Solid Wastes Management Ass'n
505 U.S. 88 (1992) Cited 907 times 10 Legal Analyses
Holding that "nonapproved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted" by OSHA's standard
Martin v. Aubuchon
623 F.2d 1282 (8th Cir. 1980) Cited 2,133 times
Finding that absolute immunity applied to protect a prosecutor who had initiated the termination of parental rights without notice to the parents
Anderson v. Sara Lee
508 F.3d 181 (4th Cir. 2007) Cited 580 times 3 Legal Analyses
Holding that the FLSA preempts state law claims that "depend on establishing that [the defendant] violated 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"
Davis v. Food Lion
792 F.2d 1274 (4th Cir. 1986) Cited 168 times 1 Legal Analyses
Holding no clear error in bench-trial finding of no actual or constructive knowledge when overtime-prohibition policy was regularly enforced through reprimands and discipline, overtime work was unnecessary for job performance, and the employee then deliberately concealed his overtime work despite being warned to stop
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 357,946 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,144 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 207 - Maximum hours
29 U.S.C. § 207 Cited 10,749 times 231 Legal Analyses
Establishing overtime rules
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 9,036 times 101 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 203 - Definitions
29 U.S.C. § 203 Cited 6,972 times 280 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 218 - Relation to other laws
29 U.S.C. § 218 Cited 460 times 14 Legal Analyses
Stating that the FLSA's minimum wage requirement does not excuse noncompliance with “any” federal law that mandates a higher wage
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 785.11 - General
29 C.F.R. § 785.11 Cited 277 times 18 Legal Analyses
Interpreting the "suffer or permit to work" requirement to mean that an employer violates the FLSA when it "knows or has reason to believe that he is continuing to work and the time is working time."
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 778.217 - Reimbursement for expenses
29 C.F.R. § 778.217 Cited 90 times 15 Legal Analyses
Noting that "[t]he expenses for which reimbursement is made must in order to merit exclusion from the regular rate under this section, be expenses incurred by the employee on the employer's behalf or for his benefit or convenience"
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"

Bailey et al v. Border Foods, Inc.

33 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 the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

Holding that "nonapproved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted" by OSHA's standard

Finding that absolute immunity applied to protect a prosecutor who had initiated the termination of parental rights without notice to the parents

Holding that the FLSA preempts state law claims that "depend on establishing that [the defendant] violated 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"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Establishing overtime rules

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

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

Stating that the FLSA's minimum wage requirement does not excuse noncompliance with “any” federal law that mandates a higher wage

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"

Interpreting the "suffer or permit to work" requirement to mean that an employer violates the FLSA when it "knows or has reason to believe that he is continuing to work and the time is working time."

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

Noting that "[t]he expenses for which reimbursement is made must in order to merit exclusion from the regular rate under this section, be expenses incurred by the employee on the employer's behalf or for his benefit or convenience"

Distinguishing between "tips" and "service charges"