46 Cited authorities

Auer v. Robbins
519 U.S. 452 (1997) Cited 2,337 times 88 Legal Analyses
Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"
Gallo v. Prudential Residential Services
22 F.3d 1219 (2d Cir. 1994) Cited 4,390 times
Holding that a firm's decision to implement a reduction-in-force "to meet its budgetary goals" during "a business downturn" was a legitimate reason for terminating an employee
Security Ins. Co. v. Old Dominion Freight
391 F.3d 77 (2d Cir. 2004) Cited 1,115 times
Noting that "it is within the sound discretion of the trial court whether or not to award prejudgment interest at all, and the same considerations that inform that decision should also inform the choice of interest rate"
Herman v. RSR Sec. Servs. Ltd.
172 F.3d 132 (2d Cir. 1999) Cited 1,066 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
Vivenzio v. City of Syracuse
611 F.3d 98 (2d Cir. 2010) Cited 490 times 2 Legal Analyses
Holding that substantive legal principles for claims under Title VII also apply to claims under § 1981
Zheng v. Liberty Apparel Co. Inc.
355 F.3d 61 (2d Cir. 2003) Cited 569 times 11 Legal Analyses
Holding district court erred in applying only four factors regarding formal control
Broder v. Cablevision Systems Corp.
418 F.3d 187 (2d Cir. 2005) Cited 431 times 1 Legal Analyses
Holding that "[the implied covenant] can only impose an obligation consistent with other mutually agreed upon terms in the contract."
Samiento v. World Yacht Inc.
2008 N.Y. Slip Op. 1258 (N.Y. 2008) Cited 281 times 12 Legal Analyses
Affirming dismissal of the plaintiffs’ unjust enrichment claim because such an action does not lie where the plaintiffs have an adequate remedy at law
Spicer v. Pier Sixty LLC
269 F.R.D. 321 (S.D.N.Y. 2010) Cited 113 times 1 Legal Analyses
Finding commonality and typicality easily satisfied where all class members were subject to the same policies regarding their employers' distribution of a service charge
Samson v. Apollo Res., Inc.
242 F.3d 629 (5th Cir. 2001) Cited 146 times 6 Legal Analyses
Holding that employees had or should have had a clear understanding that they would be paid a fixed salary, where employer explained that they would be paid the same salary regardless of the hours worked, sometimes using formula sheets to illustrate the point
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,637 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 20,914 times 102 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,809 times 98 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 6,785 times 274 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 2 - Definitions
N.Y. Lab. Law § 2 Cited 226 times 1 Legal Analyses
Defining “agent”
Section 196-D - Gratuities
N.Y. Lab. Law § 196-D Cited 168 times 16 Legal Analyses
Stating some exceptions not relevant here
Section 531.57 - Receiving the minimum amount "customarily and regularly."
29 C.F.R. § 531.57 Cited 9 times 2 Legal Analyses
Regarding "tipped employees" under the FLSA

Gillian v. Starjem Restaurant Corp. et al

46 Cited authorities

Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

Holding that a firm's decision to implement a reduction-in-force "to meet its budgetary goals" during "a business downturn" was a legitimate reason for terminating an employee

Noting that "it is within the sound discretion of the trial court whether or not to award prejudgment interest at all, and the same considerations that inform that decision should also inform the choice of interest rate"

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 substantive legal principles for claims under Title VII also apply to claims under § 1981

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

Holding that "[the implied covenant] can only impose an obligation consistent with other mutually agreed upon terms in the contract."

Affirming dismissal of the plaintiffs’ unjust enrichment claim because such an action does not lie where the plaintiffs have an adequate remedy at law

Finding commonality and typicality easily satisfied where all class members were subject to the same policies regarding their employers' distribution of a service charge

Holding that employees had or should have had a clear understanding that they would be paid a fixed salary, where employer explained that they would be paid the same salary regardless of the hours worked, sometimes using formula sheets to illustrate the point

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

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 “agent”

Stating some exceptions not relevant here

Regarding "tipped employees" under the FLSA