35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,860 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,830 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Fed. Express Corp. v. Holowecki

    552 U.S. 389 (2008)   Cited 1,117 times   12 Legal Analyses
    Holding that the EEOC "acted within its authority in formulating the rule that a filing is deemed a charge if the document reasonably can be construed to request agency action and appropriate relief on the employee’s behalf"
  4. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,242 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
  5. Tony & Susan Alamo Found. v. Sec'y of Labor

    471 U.S. 290 (1985)   Cited 655 times   17 Legal Analyses
    Holding that workers were employees, not volunteers, where food, shelter, and other benefits upon which they were dependent constituted “wages in another form”
  6. Jeffery v. Sarasota White Sox, Inc.

    64 F.3d 590 (11th Cir. 1995)   Cited 1,127 times   3 Legal Analyses
    Holding that moving party has initial burden of showing there is no genuine dispute of material fact for trial
  7. Deluca v. Accessit Group, Inc.

    695 F. Supp. 2d 54 (S.D.N.Y. 2010)   Cited 493 times
    Holding for a document to be incorporated by reference, “the complaint must make ‘a clear, definite and substantial reference to the documents'”
  8. Hill v. City of New York

    45 F.3d 653 (2d Cir. 1995)   Cited 431 times
    Holding that where "immunity issue respecting the [fabrication of videotapes] raises factual issues that cannot be conclusively determined at this stage in the litigation," the court "[had] no jurisdiction to entertain it"
  9. Winfield v. Citibank, N.A.

    10 Civ. 7304 (JGK) (S.D.N.Y. Jan. 27, 2012)   Cited 179 times   1 Legal Analyses
    Finding it permissible to extend notice period to six years for class members employed in New York that may have NYLL claims
  10. Walling v. Portland Terminal Co.

    330 U.S. 148 (1947)   Cited 303 times   51 Legal Analyses
    Holding that plaintiffs who performed work under close supervision were nevertheless not "employees" under the FLSA, but were instead more like students in school, since they received no direct remuneration but instead received training for a short period, after which some were offered jobs
  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 344,948 times   920 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 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,791 times   98 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”
  13. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,770 times   273 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
  14. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,600 times   252 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement
  15. Section 651 - Definitions

    N.Y. Lab. Law § 651   Cited 143 times
    Defining “employee”
  16. Section 779.23 - Establishment

    29 C.F.R. § 779.23   Cited 37 times   8 Legal Analyses
    Defining "establishment," for purposes of the Fair Labor Standards Act as a "`distinct physical place of business' . . . consistent with the meaning of the term as it is normally used in business and in government. . . ."
  17. Section 553.104 - Private individuals who volunteer services to public agencies

    29 C.F.R. § 553.104   Cited 14 times
    Employing similar language
  18. Section 552.104 - Babysitting services performed on a casual basis

    29 C.F.R. § 552.104   Cited 4 times
    Applying casual limitation to baby-sitters only