23 Cited authorities

  1. Campbell-Ewald Co. v. Gomez

    577 U.S. 153 (2016)   Cited 1,213 times   105 Legal Analyses
    Holding that "an unaccepted settlement offer or offer of judgment does not moot a plaintiff's case" but noting that the Supreme Court had previously "simply assumed, without deciding, that an offer of complete relief pursuant to Rule 68, even if unaccepted, moots a plaintiff's claim" when a plaintiff did not challenge the lower court's finding on that point
  2. Davis v. Abington Mem'l Hosp.

    765 F.3d 236 (3d Cir. 2014)   Cited 806 times   3 Legal Analyses
    Holding "a plaintiff's claim that she ‘typically’ worked forty hours per week, worked extra hours during such a forty-hour week, and was not compensated for extra hours beyond forty hours he or she worked during one or more of those forty-hour weeks, would suffice" to state an FLSA claim
  3. Thompson v. Real Estate Mortg. Network

    748 F.3d 142 (3d Cir. 2014)   Cited 503 times   6 Legal Analyses
    Holding that the district court may have been "correct" in not finding a "joint employment" relationship "if one considers only the name of the payor appearing on [plaintiff]'s pay stubs. But [plaintiff] alleges more. The Amended Complaint states that an employee of [defendant] conducted Thompson's training . . . indicating that [defendant] had at least some authority to 'promulgate work rules and assignments'"
  4. Gotha v. U.S.

    115 F.3d 176 (3d Cir. 1997)   Cited 474 times
    Holding that an employee of an independent contractor could bring a suit under the FTCA based on the government's allegedly negligent failure to provide safe access to an office trailer on a naval base
  5. Symczyk v. Genesis Healthcare Corp..

    656 F.3d 189 (3d Cir. 2011)   Cited 299 times   11 Legal Analyses
    Holding that a plaintiff's individual FLSA claim was mooted by a Rule 68 offer
  6. U.S. v. Balter

    91 F.3d 427 (3d Cir. 1996)   Cited 187 times   1 Legal Analyses
    Holding that permitting a comment that "attempted to focus the jury's attention on holes in the defense's theory" was not plain error
  7. Berardi v. Swanson Memorial Lodge No. 48

    920 F.2d 198 (3d Cir. 1990)   Cited 168 times
    Holding that the factual basis for jurisdictional allegations in a complaint could be disputed before an answer was served
  8. Featsent v. City of Youngstown

    70 F.3d 900 (6th Cir. 1995)   Cited 59 times   1 Legal Analyses
    Holding that sick time buy-back is not part of the regular rate
  9. Rudy v. City of Lowell

    777 F. Supp. 2d 255 (D. Mass. 2011)   Cited 19 times
    Finding no willfulness where the defendant city paid plaintiffs in accordance with a negotiated CBA
  10. WOODS v. RHA/TENNESSEE GROUP HOMES, INC.

    803 F. Supp. 2d 789 (M.D. Tenn. 2011)   Cited 16 times
    Noting that "[t]o constitute a waiver, the employee's choice to waive his or her right to file private claims—that is, the employee agreement to accept a settlement payment—must be informed and meaningful"
  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 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 201 - Short title

    29 U.S.C. § 201   Cited 20,928 times   102 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work
  13. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,373 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,033 times   17 Legal Analyses
    Permitting the use of declarations instead
  15. Rule 68 - Offer of Judgment

    Fed. R. Civ. P. 68   Cited 3,840 times   163 Legal Analyses
    Granting costs incurred after plaintiff rejected less favorable offer by defendant
  16. Rule 67 - Deposit into Court

    Fed. R. Civ. P. 67   Cited 613 times   13 Legal Analyses
    Requiring leave from Court to deposit funds
  17. Section 34:11-56a - Minimum wage level; establishment

    N.J. Stat. § 34:11-56a   Cited 251 times   13 Legal Analyses

    It is declared to be the public policy of this State to establish a minimum wage level for workers in order to safeguard their health, efficiency, and general well-being and to protect them as well as their employers from the effects of serious and unfair competition resulting from wage levels detrimental to their health, efficiency and well-being. N.J.S. § 34:11-56a L.1966, c.113, s.1, eff. 6/17/1966.