42 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,036 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,040 times 505 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Christensen v. Harris County
529 U.S. 576 (2000) Cited 1,895 times 18 Legal Analyses
Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"
Barfield v. New York City
537 F.3d 132 (2d Cir. 2008) Cited 917 times 7 Legal Analyses
Holding that an entity can constitute a "joint employer even absent a showing of subterfuge or business bad faith"
Herman v. RSR Sec. Servs. Ltd.
172 F.3d 132 (2d Cir. 1999) Cited 1,073 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
Goldberg v. Whitaker House Coop
366 U.S. 28 (1961) Cited 701 times 6 Legal Analyses
Holding that the test of employment under the FLSA is the economic reality test
Zheng v. Liberty Apparel Co. Inc.
355 F.3d 61 (2d Cir. 2003) Cited 571 times 11 Legal Analyses
Holding district court erred in applying only four factors regarding formal control
Rutherford Food Corp. v. McComb
331 U.S. 722 (1947) Cited 850 times 23 Legal Analyses
Holding the FLSA contains "no definition that solves problems as to the limits of the employer-employee relationship under the Act"
Bennett v. Goord
343 F.3d 133 (2d Cir. 2003) Cited 390 times
Holding that, because prisoner retaliation claims are prone to abuse, "we are careful to require non-conclusory allegations"
Carter v. Dutchess Cmty. Coll.
735 F.2d 8 (2d Cir. 1984) Cited 582 times 1 Legal Analyses
Holding that the FLSA might apply to an inmate working as a community college tutor for classes taught inside a prison
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,940 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 201 - Short title
29 U.S.C. § 201 Cited 21,017 times 104 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 207 - Maximum hours
29 U.S.C. § 207 Cited 10,513 times 228 Legal Analyses
Establishing overtime rules
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,868 times 100 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 6,824 times 274 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 105 - Definitions
N.Y. C.P.L.R. § 105 Cited 793 times
Defining "infant" as a person under 18 years of age
Section 650 - Statement of public policy
N.Y. Lab. Law § 650 Cited 533 times 1 Legal Analyses
There are persons employed in some occupations in the state of New York at wages insufficient to provide adequate maintenance for themselves and their families. Such employment impairs the health, efficiency, and well-being of the persons so employed, constitutes unfair competition against other employers and their employees, threatens the stability of industry, reduces the purchasing power of employees, and requires, in many instances, that wages be supplemented by the payment of public moneys for
Section 191 - Frequency of payments
N.Y. Lab. Law § 191 Cited 515 times 18 Legal Analyses
Providing that " commission salesperson shall be paid wages . . ., commissions and all other monies earned or payable in accordance with the agreed terms of employment"
Section 652 - Minimum wage
N.Y. Lab. Law § 652 Cited 349 times 3 Legal Analyses
Raising state minimum wage to $8 per hour effective December 31, 2013, and $8.75 effective December 31, 2014
Section 531.59 - The tip wage credit
29 C.F.R. § 531.59 Cited 109 times 8 Legal Analyses
Numbering added for clarity

Chen et al v. TYT East Corp. et al

42 Cited authorities

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

Holding that an entity can constitute a "joint employer even absent a showing of subterfuge or business bad faith"

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

Holding that the test of employment under the FLSA is the economic reality test

Holding district court erred in applying only four factors regarding formal control

Holding the FLSA contains "no definition that solves problems as to the limits of the employer-employee relationship under the Act"

Holding that, because prisoner retaliation claims are prone to abuse, "we are careful to require non-conclusory allegations"

Holding that the FLSA might apply to an inmate working as a community college tutor for classes taught inside a prison

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Setting fourteen as the minimum age for most non-agricultural work

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

Defining "infant" as a person under 18 years of age

Providing that " commission salesperson shall be paid wages . . ., commissions and all other monies earned or payable in accordance with the agreed terms of employment"

Raising state minimum wage to $8 per hour effective December 31, 2013, and $8.75 effective December 31, 2014

Numbering added for clarity