66 Cited authorities

Hoffmann-La Roche Inc. v. Sperling
493 U.S. 165 (1989) Cited 3,025 times 19 Legal Analyses
Holding that district courts have discretion to implement § 216(b)
Hipp v. Liberty Nat'l Life Ins.
252 F.3d 1208 (11th Cir. 2001) Cited 1,104 times 2 Legal Analyses
Holding that the continuing violation doctrine did not apply where a plaintiff was aware that he incurred harm at the time each harmful act took place
Thiessen v. Gen. Elec. Capital Corp.
267 F.3d 1095 (10th Cir. 2001) Cited 1,004 times 2 Legal Analyses
Holding as long as the EEOC and the company are aware of the nature and scope of the allegations, the purposes behind the administrative filing requirement are satisfied and no injustice or contravention of congressional intent occurs by allowing piggybacking
Grayson v. K Mart Corp.
79 F.3d 1086 (11th Cir. 1996) Cited 781 times 1 Legal Analyses
Holding that an individual who did not file an EEOC charge may opt into an ADEA class action by "piggybacking" onto a timely charge filed by one of the named plaintiffs, provided that the claims of the named plaintiff and the piggybacking plaintiff arise out of similar discriminatory treatment in the same time frame
Dybach v. State of Fla. Dep't of Corrs.
942 F.2d 1562 (11th Cir. 1991) Cited 662 times
Holding that a probation officer not a professional because the job did not require an advanced degree in a specialized field of knowledge
Cameron-Grant v. Maxim Healthcare Serv., Inc.
347 F.3d 1240 (11th Cir. 2003) Cited 262 times 2 Legal Analyses
Holding that a named plaintiff's appeal was not moot, despite the absence of any "economic interest" in shifting costs or attorneys' fees, because the plaintiff had a personal stake in pursuing his "procedural right" to represent a class
Butler v. DirectSAT USA, LLC
876 F. Supp. 2d 560 (D. Md. 2012) Cited 158 times
Finding that plaintiffs at the notice stage "need not include evidence that the company has a formal policy of refusing to pay overtime"
McKnight v. D. Hous., Inc.
756 F. Supp. 2d 794 (S.D. Tex. 2010) Cited 158 times
Holding that "it is not appropriate [at the conditional certification stage of a case] to require [plaintiffs] to produce evidence sufficient to survive summary judgment or to otherwise test the merits beyond the light burden of production to show potential class members are similarly situated."
England v. New Century Fin. Corp.
370 F. Supp. 2d 504 (M.D. La. 2005) Cited 170 times
Holding plaintiffs not entitled to conditional certification of FLSA class where there was "no evidence of a national policy" and plaintiffs' claims were based on "local policies of various managers located at different sites"
Nero v. Industrial Molding Corp.
167 F.3d 921 (5th Cir. 1999) Cited 196 times
Holding the plaintiff's “termination followed so shortly after his claim to medical benefits that the jury could reasonably infer a retaliatory motive”
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”
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,864 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 6,822 times 274 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 215 - Prohibited acts; prima facie evidence
29 U.S.C. § 215 Cited 2,652 times 50 Legal Analyses
Recognizing as a protected activity an individual's “testif[ying] ... in any such proceeding” “under or related to this chapter”
Section 256 - Determination of commencement of future actions
29 U.S.C. § 256 Cited 917 times 2 Legal Analyses
Providing that an opt-in plaintiff's action commences, for purposes of the limitations period, when he files his written consent to join
Section 322.007 - Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts
Tex. Bus. & Com. Code § 322.007 Cited 30 times
Recognizing electronic records and signatures
Section 531.35 - "Free and clear" payment; "kickbacks."
29 C.F.R. § 531.35 Cited 290 times 15 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"
Section 531.52 - General restrictions on an employer's use of its employees' tips
29 C.F.R. § 531.52 Cited 113 times 56 Legal Analyses
Requiring a customer's tipping of a server to be "free of any control by the employer"
Section 531.59 - The tip wage credit
29 C.F.R. § 531.59 Cited 109 times 8 Legal Analyses
Numbering added for clarity
Section 531.50 - Statutory provisions with respect to tipped employees
29 C.F.R. § 531.50 Cited 43 times 1 Legal Analyses
Providing that the cash wage is $2.13 an hour

Estrada et al v. Houston Pizza Venture, LP et al

66 Cited authorities

Holding that district courts have discretion to implement § 216(b)

Holding that the continuing violation doctrine did not apply where a plaintiff was aware that he incurred harm at the time each harmful act took place

Holding as long as the EEOC and the company are aware of the nature and scope of the allegations, the purposes behind the administrative filing requirement are satisfied and no injustice or contravention of congressional intent occurs by allowing piggybacking

Holding that a probation officer not a professional because the job did not require an advanced degree in a specialized field of knowledge

Holding that a named plaintiff's appeal was not moot, despite the absence of any "economic interest" in shifting costs or attorneys' fees, because the plaintiff had a personal stake in pursuing his "procedural right" to represent a class

Finding that plaintiffs at the notice stage "need not include evidence that the company has a formal policy of refusing to pay overtime"

Holding that "it is not appropriate [at the conditional certification stage of a case] to require [plaintiffs] to produce evidence sufficient to survive summary judgment or to otherwise test the merits beyond the light burden of production to show potential class members are similarly situated."

Holding plaintiffs not entitled to conditional certification of FLSA class where there was "no evidence of a national policy" and plaintiffs' claims were based on "local policies of various managers located at different sites"

Holding the plaintiff's “termination followed so shortly after his claim to medical benefits that the jury could reasonably infer a retaliatory motive”

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

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

Recognizing as a protected activity an individual's “testif[ying] ... in any such proceeding” “under or related to this chapter”

Providing that an opt-in plaintiff's action commences, for purposes of the limitations period, when he files his written consent to join

Recognizing electronic records and signatures

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"

Requiring a customer's tipping of a server to be "free of any control by the employer"

Numbering added for clarity

Providing that the cash wage is $2.13 an hour