36 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Tony & Susan Alamo Found. v. Sec'y of Labor
471 U.S. 290 (1985) Cited 661 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”
Jeffery v. Sarasota White Sox, Inc.
64 F.3d 590 (11th Cir. 1995) Cited 1,136 times 3 Legal Analyses
Holding that moving party has initial burden of showing there is no genuine dispute of material fact for trial
Milwaukee v. Illinois
451 U.S. 304 (1981) Cited 447 times 3 Legal Analyses
Holding that amendments to the Clean Water Act displaced the nuisance claim recognized in Milwaukee I
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
U.S. ex Rel. Joshi v. St. Luke's Hosp., Inc.
441 F.3d 552 (8th Cir. 2006) Cited 496 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
Abels v. Farmers Commodities Corp.
259 F.3d 910 (8th Cir. 2001) Cited 328 times
Finding the allegations of fraud sufficient because the complaint “tells who spoke” the fraudulent misrepresentations
Phillips Inc. v. Walling
324 U.S. 490 (1945) Cited 532 times 10 Legal Analyses
Holding that exemptions from remedial legislation must be narrowly construed
Mulhall v. Advance Sec., Inc.
19 F.3d 586 (11th Cir. 1994) Cited 295 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
Walling v. Portland Terminal Co.
330 U.S. 148 (1947) Cited 305 times 51 Legal Analyses
Holding that plaintiffs who performed work under close supervision were nevertheless not "employees" under the FLSA, but were instead more like students in school, since they received no direct remuneration but instead received training for a short period, after which some were offered jobs
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 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,180 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,081 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,864 times 100 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
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
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
Section 202 - Congressional finding and declaration of policy
29 U.S.C. § 202 Cited 1,114 times 5 Legal Analyses
Finding that domestic service employees affect commerce
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”
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. . . ."
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

Liebesman v. Competitor Group, Inc.

36 Cited authorities

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that workers were employees, not volunteers, where food, shelter, and other benefits upon which they were dependent constituted “wages in another form”

Holding that moving party has initial burden of showing there is no genuine dispute of material fact for trial

Holding that amendments to the Clean Water Act displaced the nuisance claim recognized in Milwaukee I

Holding that the test of employment under the FLSA is the economic reality test

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

Finding the allegations of fraud sufficient because the complaint “tells who spoke” the fraudulent misrepresentations

Holding that exemptions from remedial legislation must be narrowly construed

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

Holding that plaintiffs who performed work under close supervision were nevertheless not "employees" under the FLSA, but were instead more like students in school, since they received no direct remuneration but instead received training for a short period, after which some were offered jobs

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Requiring that fraud be pleaded with particularity

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

Exempting salaried employees from the FLSA's overtime pay requirement

Finding that domestic service employees affect commerce

Stating that “each physically separate place of business is ordinarily considered a separate establishment”

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. . . ."