60 Cited authorities

Perdue v. Kenny A.
559 U.S. 542 (2010) Cited 2,607 times 13 Legal Analyses
Holding that enhancement is permitted only in "rare circumstances in which the lodestar does not adequately take into account a factor that may properly be considered"
Blum v. Stenson
465 U.S. 886 (1984) Cited 9,115 times 4 Legal Analyses
Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”
Missouri v. Jenkins
491 U.S. 274 (1989) Cited 2,380 times 2 Legal Analyses
Holding that reasonable attorney's fees includes the costs of paralegals' time
Arbor Hill Concerned Citizens v. County of Albany
484 F.3d 162 (2d Cir. 2007) Cited 2,424 times 9 Legal Analyses
Holding that the presumption that the forum rule should be applied may be rebutted “only in the unusual case”
Johnson v. Georgia Highway Express, Inc.
488 F.2d 714 (5th Cir. 1974) Cited 7,919 times 6 Legal Analyses
Holding that "the novelty and difficulty of the questions" involved in the case is a factor in the determination of a reasonable fee
Anderson v. Mt. Clemens Pottery Co.
328 U.S. 680 (1946) Cited 2,649 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"
LeBlanc-Sternberg v. Fletcher
143 F.3d 748 (2d Cir. 1998) Cited 841 times
Holding that photocopying is exactly "the sort of expense[] that may ordinarily be recovered"
Reilly v. Natwest Mkts. Grp. Inc.
181 F.3d 253 (2d Cir. 1999) Cited 726 times 5 Legal Analyses
Holding that trial judges have wide discretion to impose sanctions for spoliation even in cases not involving "outrageous culpability"
Grochowski v. Phx. Constr.
318 F.3d 80 (2d Cir. 2003) Cited 623 times 3 Legal Analyses
Holding that when a government contract confirms a statutory obligation, "a third-party private contract action [to enforce that obligation] would be inconsistent with ... the legislative scheme ... to the same extent as would a cause of action directly under the statute"
Reich v. S. New Eng. Telecomm. Corp.
121 F.3d 58 (2d Cir. 1997) Cited 519 times 3 Legal Analyses
Holding meal periods compensable “work” under FLSA if employees perform duties predominantly for the benefit of the employer
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,955 times 143 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 1961 - Interest
28 U.S.C. § 1961 Cited 12,209 times 27 Legal Analyses
Holding that § 6621 applies to internal revenue tax cases
Section 5001 - Interest to verdict, report or decision
N.Y. CPLR 5001 Cited 2,500 times 4 Legal Analyses
Allowing prejudgment interest in contract cases
Section 5004 - Rate of interest
N.Y. C.P.L.R. § 5004 Cited 1,661 times 1 Legal Analyses
Governing New York State statutory interest rate for pre-judgment interest
Section 198 - Costs, remedies
N.Y. Lab. Law § 198 Cited 1,142 times 8 Legal Analyses
Requiring the notice be furnished "within ten business days of his or her first day of employment"
Section 254 - Relief from liability and punishment under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, and the Bacon-Davis Act for failure to pay minimum wage or overtime compensation
29 U.S.C. § 254 Cited 732 times 44 Legal Analyses
Precluding compensation for certain travel that "occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities"
Section 218 - Relation to other laws
29 U.S.C. § 218 Cited 465 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

Benavidez et al v. Plaza Mexico, Inc. et al

60 Cited authorities

Holding that enhancement is permitted only in "rare circumstances in which the lodestar does not adequately take into account a factor that may properly be considered"

Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”

Holding that reasonable attorney's fees includes the costs of paralegals' time

Holding that the presumption that the forum rule should be applied may be rebutted “only in the unusual case”

Holding that "the novelty and difficulty of the questions" involved in the case is a factor in the determination of a reasonable fee

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 photocopying is exactly "the sort of expense[] that may ordinarily be recovered"

Holding that trial judges have wide discretion to impose sanctions for spoliation even in cases not involving "outrageous culpability"

Holding that when a government contract confirms a statutory obligation, "a third-party private contract action [to enforce that obligation] would be inconsistent with ... the legislative scheme ... to the same extent as would a cause of action directly under the statute"

Holding meal periods compensable “work” under FLSA if employees perform duties predominantly for the benefit of the employer

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

Holding that § 6621 applies to internal revenue tax cases

Allowing prejudgment interest in contract cases

Governing New York State statutory interest rate for pre-judgment interest

Requiring the notice be furnished "within ten business days of his or her first day of employment"

Precluding compensation for certain travel that "occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities"

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