33 Cited authorities

  1. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,622 times   9 Legal Analyses
    Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity
  2. Cedric Kushner Promotions, Ltd. v. King

    533 U.S. 158 (2001)   Cited 731 times   5 Legal Analyses
    Holding person who is a corporate owner or employee is distinct from the corporation itself
  3. Lundy v. Catholic Health Sys. of Long Island Inc.

    711 F.3d 106 (2d Cir. 2013)   Cited 955 times   10 Legal Analyses
    Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim
  4. Barfield v. New York City

    537 F.3d 132 (2d Cir. 2008)   Cited 909 times   7 Legal Analyses
    Holding that an entity can constitute a "joint employer even absent a showing of subterfuge or business bad faith"
  5. 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
  6. Kuebel v. Black Decker

    643 F.3d 352 (2d Cir. 2011)   Cited 489 times   5 Legal Analyses
    Holding that a triable fact question existed as to willfulness where the employer was aware that the employee's responsibilities might require over 40 hours of work per week and instructed him not to record overtime
  7. Goldberg v. Whitaker House Coop

    366 U.S. 28 (1961)   Cited 698 times   6 Legal Analyses
    Holding that the test of employment under the FLSA is the economic reality test
  8. 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
  9. Rutherford Food Corp. v. McComb

    331 U.S. 722 (1947)   Cited 849 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"
  10. Hecht v. Commerce Clearing House, Inc.

    897 F.2d 21 (2d Cir. 1990)   Cited 509 times
    Holding that an employee's loss of commissions and employment was not proximately caused by defendants' RICO violations
  11. 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
  12. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,947 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  13. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,400 times   104 Legal Analyses
    Relating to mail fraud
  14. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 11,945 times   170 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"
  15. 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
  16. Section 1546 - Fraud and misuse of visas, permits, and other documents

    18 U.S.C. § 1546   Cited 1,238 times   14 Legal Analyses
    Penalizing false statement in immigration documents
  17. Section 1589 - Forced labor

    18 U.S.C. § 1589   Cited 694 times   14 Legal Analyses
    Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm
  18. Section 1590 - Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor

    18 U.S.C. § 1590   Cited 219 times   2 Legal Analyses
    Prohibiting "transport[ing] ... any person for labor or services in violation of this chapter"
  19. Section 1584 - Sale into involuntary servitude

    18 U.S.C. § 1584   Cited 200 times   4 Legal Analyses
    Holding persons in involuntary servitude
  20. Section 1383a - Penalties for fraud

    42 U.S.C. § 1383a   Cited 112 times
    Prohibiting anyone, "having made application to receive any [social security benefit] for the use and benefit of another and having received it, knowingly and willfully convert[ing] such benefit or any part thereof to a use other than for the use and benefit of such other person"
  21. Section 214.2 - Special requirements for admission, extension, and maintenance of status

    8 C.F.R. § 214.2   Cited 462 times   44 Legal Analyses
    Restating cap in 8 U.S.C. § 1184(g)(l)
  22. Section 785.27 - General

    29 C.F.R. § 785.27   Cited 68 times   15 Legal Analyses

    Attendance at lectures, meetings, training programs and similar activities need not be counted as working time if the following four criteria are met: (a) Attendance is outside of the employee's regular working hours; (b) Attendance is in fact voluntary; (c) The course, lecture, or meeting is not directly related to the employee's job; and (d) The employee does not perform any productive work during such attendance. 29 C.F.R. § 785.27