§Why CasetextPricing

Itzep et al v. Target Corporation et al

MOTION for Summary Judgment and Supporting Brief as to Plaintiff's FLSA Claims

19 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,978 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"

  2. Goldberg v. Whitaker House Coop

    366 U.S. 28 (1961)   Cited 701 times   6 Legal Analyses
    Holding that the test of employment under the FLSA is the economic reality test

  3. Zheng v. Liberty Apparel Co. Inc.

    355 F.3d 61 (2d Cir. 2003)   Cited 571 times   11 Legal Analyses
    Holding district court erred in applying only four factors regarding formal control

  4. Rutherford Food Corp. v. McComb

    331 U.S. 722 (1947)   Cited 850 times   23 Legal Analyses
    Holding the FLSA contains "no definition that solves problems as to the limits of the employer-employee relationship under the Act"

  5. Watson v. Graves

    909 F.2d 1549 (5th Cir. 1990)   Cited 231 times
    Holding the FLSA applicable where the prisoners worked for an outside construction company in competition with other private employers and where this competition tended to undermine compliance with the FLSA

  6. Reich v. Circle C. Investments, Inc.

    998 F.2d 324 (5th Cir. 1993)   Cited 210 times   1 Legal Analyses
    Holding that topless dancers are employees under the FLSA

  7. Moreau v. Air Fr.

    356 F.3d 942 (9th Cir. 2003)   Cited 157 times   1 Legal Analyses
    Holding that Air France was not a joint employer in part because "it did not determine the rate or method of pay" and "lacked the ability to hire or fire"

  8. Sec'y. of Labor, U.S. Dept. v. Lauritzen

    835 F.2d 1529 (7th Cir. 1987)   Cited 221 times   8 Legal Analyses
    Holding that migrant pickle harvesters were integral to the business because they were an essential link in the eventual sale of the pickles

  9. Donovan v. Burger King Corp.

    672 F.2d 221 (1st Cir. 1982)   Cited 148 times   4 Legal Analyses
    Holding that "Burger King assistant managers have management as their primary duty"

  10. Donovan v. Sabine Irrigation Co., Inc.

    695 F.2d 190 (5th Cir. 1983)   Cited 138 times   1 Legal Analyses
    Holding corporate president who dominated employment practices liable under FLSA

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. 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

  13. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,621 times   254 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement

  14. Section 541.700 - Primary duty

    29 C.F.R. § 541.700   Cited 781 times   60 Legal Analyses
    Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"

  15. Section 541.1 - Terms used in regulations

    29 C.F.R. § 541.1   Cited 432 times   6 Legal Analyses
    Requiring that an exempt employee's work "includes the customary and regular direction of the work of two or more other employees"

  16. Section 541.102 - Management

    29 C.F.R. § 541.102   Cited 430 times   11 Legal Analyses
    Listing selecting employees, apportioning work, recommending promotions, disciplining employees, and determining techniques or materials to be used as examples of managerial duties