44 Cited authorities

  1. BMW of North America, Inc. v. Gore

    517 U.S. 559 (1996)   Cited 2,863 times   43 Legal Analyses
    Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit
  2. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 3,037 times   59 Legal Analyses
    Holding that a claim arising under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1994 ed.), may be subject to compulsory arbitration
  3. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,492 times   15 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII
  4. Kolstad v. Am. Dental Assn

    527 U.S. 526 (1999)   Cited 1,463 times   11 Legal Analyses
    Holding that an employer may avoid punitive damages under § 1981a if it has made good-faith efforts to prevent discrimination in the workplace
  5. Gen. Tel. Co. v. EEOC

    446 U.S. 318 (1980)   Cited 1,386 times   7 Legal Analyses
    Holding that "the EEOC's enforcement suits should not be considered representative actions subject to Rule 23"
  6. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,399 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"
  7. Occidental Life Insurance v. Equal Employment Opportunity Commission

    432 U.S. 355 (1977)   Cited 638 times   4 Legal Analyses
    Holding that there is no statute of limitations applicable to the EEOC's ability to bring Title VII enforcement proceedings in federal district court
  8. Costello v. United States

    365 U.S. 265 (1961)   Cited 1,002 times   3 Legal Analyses
    Holding a dismissal for failure to file an affidavit of good cause would be "without prejudice" under Fed. R. Civ. P. 41(b) because it was not decided on the merits and referring to the rule as "jurisdictional"
  9. City of McKeesport v. Cunningham

    478 U.S. 1015 (1986)   Cited 258 times
    Holding that district court erred in striking affirmative defenses where further facts were needed to resolve issue in case
  10. Talbot v. Robert Matthews Distributing Co.

    961 F.2d 654 (7th Cir. 1992)   Cited 445 times
    Holding that the NLRA preempts a RICO claim when "the underlying conduct of the plaintiffs' RICO claim is wrongful only by virtue of the labor laws"
  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 348,148 times   927 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 21,014 times   103 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work
  13. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,489 times   21 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
  14. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,456 times   141 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
  15. Section 626 - Recordkeeping, investigation, and enforcement

    29 U.S.C. § 626   Cited 6,060 times   44 Legal Analyses
    Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255
  16. Section 1981a - Damages in cases of intentional discrimination in employment

    42 U.S.C. § 1981a   Cited 4,164 times   55 Legal Analyses
    Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"
  17. Section 1626.15 - Commission enforcement

    29 C.F.R. § 1626.15   Cited 12 times

    (a) As provided in sections 9, 11, 16 and 17 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 209 , 211 , 216 and 217 ) (FLSA) and sections 6 and 7 of this Act, the Commission and its authorized representatives may (1) investigate and gather data; (2) enter and inspect establishments and records and make transcripts thereof; (3) interview employees; (4) impose on persons subject to the Act appropriate recordkeeping and reporting requirements; (5) advise employers, employment agencies