19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 249,650 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. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 234,950 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  3. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,238 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  4. Carr v. Deeds

    453 F.3d 593 (4th Cir. 2006)   Cited 177 times
    Holding that excessive force is "the sort [of force] repugnant to the conscience of mankind"
  5. Gionfriddo v. Jason Zink, LLC

    769 F. Supp. 2d 880 (D. Md. 2011)   Cited 90 times
    Holding that the owner of a tavern was an "employer" under the FLSA and thus ineligible to participate in a tip pool
  6. Morgan v. SpeakEasy, LLC

    625 F. Supp. 2d 632 (N.D. Ill. 2007)   Cited 63 times   1 Legal Analyses
    Holding that individual defendant could be jointly and severally liable for any violations under the IMWL
  7. Dorsey v. TGT Consulting, LLC

    888 F. Supp. 2d 670 (D. Md. 2012)   Cited 51 times   1 Legal Analyses
    Holding paystubs/earnings statements did not satisfy notice obligation because they did not inform "employees that their tipped wage was subminimum and that a certain percentage of their tips were being applied to meet federal minimum wage requirements"
  8. Ayres v. 127 Rest. Corp.

    12 F. Supp. 2d 305 (S.D.N.Y. 1998)   Cited 72 times   2 Legal Analyses
    Holding that "defendant must disgorge the amount of tip credit deducted from each plaintiff's wages during the period that the tip pool violated [the FLSA]"
  9. Marshall v. Safeway, Inc.

    437 Md. 542 (Md. 2014)   Cited 42 times   1 Legal Analyses
    Holding that the MWPCL should be read broadly to confer a private cause of action for unauthorized deductions under section 3-503
  10. Freemon v. Foley

    911 F. Supp. 326 (N.D. Ill. 1995)   Cited 62 times
    Holding that where a defendant "possesses control over the aspect of employment alleged to have been violated, the FLSA will apply to that individual . . . ."
  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 342,515 times   917 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 326,905 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 9,940 times   17 Legal Analyses
    Permitting the use of declarations instead
  14. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,740 times   97 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”
  15. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,726 times   273 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
  16. Section 531.54 - Tip pooling

    29 C.F.R. § 531.54   Cited 66 times   10 Legal Analyses
    Recognizing that bus boys who assist servers but who customarily do not directly receive diner-donated gratuities may properly be included in an employer-mandated tip pool