36 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,949 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  2. Tony & Susan Alamo Found. v. Sec'y of Labor

    471 U.S. 290 (1985)   Cited 677 times   17 Legal Analyses
    Holding that workers were employees, not volunteers, where food, shelter, and other benefits upon which they were dependent constituted “wages in another form”
  3. Jeffery v. Sarasota White Sox, Inc.

    64 F.3d 590 (11th Cir. 1995)   Cited 1,155 times   3 Legal Analyses
    Holding that moving party has initial burden of showing there is no genuine dispute of material fact for trial
  4. Milwaukee v. Illinois

    451 U.S. 304 (1981)   Cited 454 times   3 Legal Analyses
    Holding that amendments to the Clean Water Act displaced the nuisance claim recognized in Milwaukee I
  5. Goldberg v. Whitaker House Coop

    366 U.S. 28 (1961)   Cited 709 times   6 Legal Analyses
    Holding that the test of employment under the FLSA is the economic reality test
  6. U.S. ex Rel. Joshi v. St. Luke's Hosp., Inc.

    441 F.3d 552 (8th Cir. 2006)   Cited 499 times   4 Legal Analyses
    Holding that pleading standards are not relaxed when the fraudulent scheme is complex, the scheme took place over a long period of time, or information concerning the fraud is in the defendant's control
  7. Abels v. Farmers Commodities Corp.

    259 F.3d 910 (8th Cir. 2001)   Cited 331 times
    Finding the allegations of fraud sufficient because the complaint “tells who spoke” the fraudulent misrepresentations
  8. Phillips Inc. v. Walling

    324 U.S. 490 (1945)   Cited 537 times   10 Legal Analyses
    Holding that exemptions from remedial legislation must be narrowly construed
  9. Mulhall v. Advance Sec., Inc.

    19 F.3d 586 (11th Cir. 1994)   Cited 300 times
    Holding that although class titles are a relevant part of the inquiry as to whether two individuals had substantially similar jobs, it is not the end of inquiry
  10. Walling v. Portland Terminal Co.

    330 U.S. 148 (1947)   Cited 308 times   52 Legal Analyses
    Holding that unpaid trainees whose "work serve[d] only [their] own interest" were not suffered or permitted to work and thus were not employees under the FLSA
  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 355,868 times   945 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,233 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,699 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,996 times   101 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 6,937 times   280 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
  16. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,679 times   256 Legal Analyses
    Exempting from provisions of the Fair Labor Standards Act "any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary)"
  17. Section 202 - Congressional finding and declaration of policy

    29 U.S.C. § 202   Cited 1,132 times   5 Legal Analyses
    Finding that domestic service employees affect commerce
  18. Section 1620.9 - Meaning of "establishment."

    29 C.F.R. § 1620.9   Cited 57 times
    Stating that “each physically separate place of business is ordinarily considered a separate establishment”
  19. Section 779.23 - Establishment

    29 C.F.R. § 779.23   Cited 38 times   8 Legal Analyses
    Defining "establishment," for purposes of the Fair Labor Standards Act as a "`distinct physical place of business' . . . consistent with the meaning of the term as it is normally used in business and in government. . . ."
  20. Section 779.305 - Separate establishments on the same premises

    29 C.F.R. § 779.305   Cited 22 times   5 Legal Analyses

    Although, as stated in the preceding section, two or more departments of a business may constitute a single establishment, two or more physically separated portions of a business though located on the same premises, and even under the same roof in some circumstances may constitute more than one establishment for purposes of exemptions. In order to effect such a result physical separation is a prerequisite. In addition, the physically separated portions of the business also must be engaged in operations