§Why CasetextPricing

De Los Santos et al v. Hat Trick Pizza, Inc. et al

MOTION to Dismiss for Lack of Jurisdiction . Document

16 Cited authorities

  1. 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 348,810 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  2. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,083 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  3. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,389 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  4. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,169 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  5. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,081 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  6. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,034 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  7. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,481 times   141 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  8. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,524 times   228 Legal Analyses
    Establishing overtime rules

  9. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,873 times   100 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  10. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,834 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  11. Section 516.4 - Posting of notices

    29 C.F.R. § 516.4   Cited 113 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."

  12. Section 146-1.7 - Uniform maintenance pay

    N.Y. Comp. Codes R. & Regs. tit. 12 § 146-1.7   Cited 25 times   2 Legal Analyses

    Maintaining required uniforms includes washing, ironing, dry cleaning, alterations, repair, or any other maintenance necessary. (a) Where an employer does not maintain required uniforms for any employee, the employer shall pay the employee, in addition to the employee's agreed rate of pay, uniform maintenance pay at the weekly rate set forth below, based on the number of hours worked, where employees who work over 30 hours per week shall be paid the high rate, employees who work more than 20 hours