33 Cited authorities

  1. 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
  2. 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
  3. 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
  4. 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
  5. 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
  6. 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
  7. 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"
  8. 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
  9. 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"
  10. 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
  11. 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
  12. 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. . . ."
  13. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,749 times   231 Legal Analyses
    Establishing overtime rules
  14. 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”
  15. 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
  16. 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
  17. 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"
  18. 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"
  19. 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."
  20. 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"
  21. 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"
  22. 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"