63 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,396 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
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,232 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Illinois v. Fisher
540 U.S. 544 (2004) Cited 484 times 5 Legal Analyses
Holding that the mere fact that destroyed evidence was at the time sought in a pending discovery request did not “eliminate the necessity of showing bad faith on the part of police”
Lundy v. Catholic Health Sys. of Long Island Inc.
711 F.3d 106 (2d Cir. 2013) Cited 959 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
United States v. Kozminski
487 U.S. 931 (1988) Cited 464 times
Holding that for purposes of prosecution under § 241 for subjecting an individual to involuntary servitude, the jury must be instructed that involuntary servitude is the compulsion of services by the use or threatened use of physical or legal coercion
Herman v. RSR Sec. Servs. Ltd.
172 F.3d 132 (2d Cir. 1999) Cited 1,068 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
Aetna Cas. and Sur. v. Aniero Concrete
404 F.3d 566 (2d Cir. 2005) Cited 700 times
Holding that a duty to disclose can arise when a party has made a partial or ambiguous statement
Kuebel v. Black Decker
643 F.3d 352 (2d Cir. 2011) Cited 490 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
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
Allen v. Westpoint-Pepperell, Inc.
945 F.2d 40 (2d Cir. 1991) Cited 781 times
Holding that a court may rescind a release agreement "where it finds either mutual mistake or one party's unilateral mistake coupled with some fraud . . . of the other party"
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,908 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,971 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,417 times 104 Legal Analyses
Relating to mail fraud
Section 241 - Conspiracy against rights
18 U.S.C. § 241 Cited 4,198 times 15 Legal Analyses
Criminalizing civil-rights violations
Section 1546 - Fraud and misuse of visas, permits, and other documents
18 U.S.C. § 1546 Cited 1,240 times 15 Legal Analyses
Penalizing false statement in immigration documents
Section 155.05 - Larceny; defined
N.Y. Penal Law § 155.05 Cited 664 times 5 Legal Analyses
Defining "steal[ing]" and "larceny" to require "intent to deprive another of property"
Section 1584 - Sale into involuntary servitude
18 U.S.C. § 1584 Cited 201 times 4 Legal Analyses
Holding persons in involuntary servitude
Section 1351 - Fraud in foreign labor contracting
18 U.S.C. § 1351 Cited 37 times
Relating to fraud in foreign labor contracting
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)
Section 785.16 - Off duty
29 C.F.R. § 785.16 Cited 119 times 19 Legal Analyses
(a)General. Periods during which an employee is completely relieved from duty and which are long enough to enable him to use the time effectively for his own purposes are not hours worked. He is not completely relieved from duty and cannot use the time effectively for his own purposes unless he is definitely told in advance that he may leave the job and that he will not have to commence work until a definitely specified hour has arrived. Whether the time is long enough to enable him to use the time
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

Javier v. Beck et al

63 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that the mere fact that destroyed evidence was at the time sought in a pending discovery request did not “eliminate the necessity of showing bad faith on the part of police”

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

Holding that for purposes of prosecution under § 241 for subjecting an individual to involuntary servitude, the jury must be instructed that involuntary servitude is the compulsion of services by the use or threatened use of physical or legal coercion

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 a duty to disclose can arise when a party has made a partial or ambiguous statement

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

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

Holding that a court may rescind a release agreement "where it finds either mutual mistake or one party's unilateral mistake coupled with some fraud . . . of the other party"

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Relating to mail fraud

Criminalizing civil-rights violations

Penalizing false statement in immigration documents

Defining "steal[ing]" and "larceny" to require "intent to deprive another of property"

Holding persons in involuntary servitude

Relating to fraud in foreign labor contracting

Restating cap in 8 U.S.C. § 1184(g)(l)