22 Cited authorities

  1. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 2,025 times   12 Legal Analyses
    Holding that the "plain language" of the Fair Labor Standards Act's "willful" liquidated damages standard requires that "the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute," without regard to the outrageousness of the conduct at issue
  2. Greyhound Exhibitgroup v. E.L.U.L. Realty

    973 F.2d 155 (2d Cir. 1992)   Cited 2,030 times
    Finding a categorical distinction between proximate cause “as it pertains to the assignment of liability in the first instance,” and proximate cause “as it relates to the ministerial calculation of damages” after a default judgment
  3. Herman v. RSR Sec. Servs. Ltd.

    172 F.3d 132 (2d Cir. 1999)   Cited 1,115 times   6 Legal Analyses
    Holding that an employer willfully violated the FLSA when he had "extensive knowledge" of the FLSA's requirements, knew of previous violations, and relied on assurances by corporate decisionmakers despite their prior illegal activities
  4. Yu G. Ke v. Saigon Grill, Inc.

    595 F. Supp. 2d 240 (S.D.N.Y. 2008)   Cited 184 times   2 Legal Analyses
    Holding that deliverymen's bicycles and motorbikes were "tools of the trade," such that costs related to those vehicles had to be reimbursed by the employer where deliverymen otherwise earned minimum wage
  5. Keun-Jae Moon v. Joon Gab Kwon

    248 F. Supp. 2d 201 (S.D.N.Y. 2002)   Cited 203 times   1 Legal Analyses
    Holding that individual and corporate employer defendants are jointly and severally liability for any damages awarded
  6. Cerbone v. Intl. Ladies' Garment Workers' Union

    768 F.2d 45 (2d Cir. 1985)   Cited 247 times
    Holding that "equitable estoppel is invoked in cases where the plaintiff knew of the existence of his cause of action," whereas equitable tolling "is invoked in cases where the plaintiff is ignorant of his cause of action"
  7. Tlacoapa v. Carregal

    386 F. Supp. 2d 362 (S.D.N.Y. 2005)   Cited 109 times
    Holding in FLSA and NYLL action that corporation was individual's alter ego when individual completely dominated corporation
  8. Chung v. New Silver Palace Rest., Inc.

    246 F. Supp. 2d 220 (S.D.N.Y. 2002)   Cited 106 times   1 Legal Analyses
    Holding that, "[w]hen tips are retained by the employer, the "tip credit" cannot be used to meet the required minimum wage"
  9. Ayres v. 127 Rest. Corp.

    12 F. Supp. 2d 305 (S.D.N.Y. 1998)   Cited 73 times   2 Legal Analyses
    Holding that "defendant must disgorge the amount of tip credit deducted from each plaintiff's wages during the period that the tip pool violated [the FLSA]"
  10. Chan v. Sung Yue Tung Corp.

    03 Civ. 6048 (GEL) (S.D.N.Y. Feb. 1, 2007)   Cited 51 times
    Finding written tip credit notice to be insufficient under the FLSA "because it is in English, a language that few of the plaintiffs can read"
  11. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,998 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
  12. Section 203 - Definitions

    29 U.S.C. § 203   Cited 7,055 times   282 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
  13. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,709 times   9 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful
  14. Section 260 - Liquidated damages

    29 U.S.C. § 260   Cited 1,869 times   11 Legal Analyses
    Granting district courts the discretion to decline to award liquidated damages when good faith is shown
  15. Section 198 - Costs, remedies

    N.Y. Lab. Law § 198   Cited 1,147 times   8 Legal Analyses
    Requiring the notice be furnished "within ten business days of his or her first day of employment"
  16. Section 630 - Liability of shareholders for wages due to laborers, servants or employees

    N.Y. Bus. Corp. Law § 630   Cited 104 times   1 Legal Analyses
    Making the ten largest shareholders of a corporation whose shares are not nationally quoted or listed liable for unpaid debts and wages owing by the corporation to its employees
  17. Section 198-D - Posting regulations on illegal wage deductions

    N.Y. Lab. Law § 198-D   Cited 3 times

    Every employer engaged in the sale or service of food or beverages shall post in his establishment, in a place accessible to his employees and in a visually conspicuous manner, a copy of sections one hundred ninety-three and one hundred ninety-six-d of this chapter and any regulations promulgated pursuant thereto relating to illegal deductions from wages and tips by employers. N.Y. Lab. Law § 198-D

  18. Section 531.35 - "Free and clear" payment; "kickbacks."

    29 C.F.R. § 531.35   Cited 298 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 531.3 - General determinations of "reasonable cost."

    29 C.F.R. § 531.3   Cited 117 times   10 Legal Analyses
    Stating that "the cost of uniforms and of their laundering, where the nature of the business requires the employee to wear a uniform," is an expense primarily for the benefit of the employer
  20. Section 516.4 - Posting of notices

    29 C.F.R. § 516.4   Cited 115 times   2 Legal Analyses
    Requiring posting of FLSA requirements "in conspicuous places in every establishment where such employees are employed so as to permit then to observe easily a copy."