64 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,216 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,177 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"
  3. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,342 times   90 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"
  4. Barrentine v. Ark.-Best Freight Sys.

    450 U.S. 728 (1981)   Cited 1,664 times   19 Legal Analyses
    Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA
  5. IBP, Inc. v. Alvarez

    546 U.S. 21 (2005)   Cited 580 times   24 Legal Analyses
    Holding that time spent walking between the locker room and the production area after donning protective gear is compensable work under the FLSA
  6. Anderson v. Mt. Clemens Pottery Co.

    328 U.S. 680 (1946)   Cited 2,598 times   58 Legal Analyses
    Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"
  7. Arnold v. Ben Kanowsky, Inc.

    361 U.S. 388 (1960)   Cited 774 times   9 Legal Analyses
    Holding that employer bears burden of proof, on each and every element of the claimed exemption
  8. Tennessee Coal Co. v. Muscoda Local

    321 U.S. 590 (1944)   Cited 708 times   13 Legal Analyses
    Holding that underground travel to iron ore mines was compensable work
  9. Steiner v. Mitchell

    350 U.S. 247 (1956)   Cited 417 times   17 Legal Analyses
    Holding "old but clean work clothes" integral
  10. Alvarez v. IBP, Inc.

    339 F.3d 894 (9th Cir. 2003)   Cited 301 times   11 Legal Analyses
    Holding that time spent donning and doffing safety goggles and hardhats, although essential to the job and required by the employer, is at once so insubstantial and so difficult to monitor that it is noncompensable as de minimis
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,185 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 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,524 times   228 Legal Analyses
    Establishing overtime rules
  13. Section 254 - Relief from liability and punishment under the Fair Labor Standards Act of 1938, the Walsh-Healey Act, and the Bacon-Davis Act for failure to pay minimum wage or overtime compensation

    29 U.S.C. § 254   Cited 714 times   44 Legal Analyses
    Precluding compensation for certain travel that "occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities"
  14. Section 666 - Civil and criminal penalties

    29 U.S.C. § 666   Cited 385 times   25 Legal Analyses
    Penalizing false statement in health and safety report required under this chapter
  15. Section 653 - Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected

    29 U.S.C. § 653   Cited 361 times   4 Legal Analyses
    Establishing that nothing in the OSHA statute "shall be construed to ... enlarge or diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under any law ..."
  16. Section 662 - Injunction proceedings

    29 U.S.C. § 662   Cited 46 times   2 Legal Analyses
    Providing that the "district court shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter"
  17. Section 461 - Offenses and punishment

    21 U.S.C. § 461   Cited 9 times

    (a) Violations; liability of agents, employees, and employers Any person who violates the provisions of section 458, 459, 460, 463, or 466 of this title shall be fined not more than $1,000 or imprisoned not more than one year, or both; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in section 453(g)(8) of this title), such person shall be fined not more than $10,000 or imprisoned not more than three

  18. Section 790.6 - Periods within the "workday" unaffected

    29 C.F.R. § 790.6   Cited 146 times   11 Legal Analyses
    Defining "workday" as "the period between the commencement and completion on the same workday of an employee's principal activity or activities ... includ[ing] all time within that period whether or not the employee engages in work throughout all of that period"
  19. Section 790.8 - "Principal" activities

    29 C.F.R. § 790.8   Cited 141 times   2 Legal Analyses
    Explaining that the term "principal activities" was "considered sufficiently broad to embrace within its terms such activities as are indispensable to the performance of productive work "
  20. Section 785.47 - Where records show insubstantial or insignificant periods of time

    29 C.F.R. § 785.47   Cited 124 times   15 Legal Analyses
    Codifying Anderson in regulation
  21. Section 1910.132 - General requirements

    29 C.F.R. § 1910.132   Cited 110 times   68 Legal Analyses
    Mandating PPE "wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact"
  22. Section 778.106 - Time of payment

    29 C.F.R. § 778.106   Cited 84 times   3 Legal Analyses
    Requiring timely overtime payments
  23. Section 1910.136 - Foot protection

    29 C.F.R. § 1910.136   Cited 10 times
    Outlining what footwear employers must ensure employees use under the Occupational Safety and Health Administration, which requires protection against falling or rolling objects, objects piercing the sole, and when an employee's feet are exposed to electrical wires
  24. Section 416.5 - Employee hygiene

    9 C.F.R. § 416.5   Cited 10 times

    (a)Cleanliness. All persons working in contact with product, food-contact surfaces, and product-packaging materials must adhere to hygienic practices while on duty to prevent adulteration of product and the creation of insanitary conditions. (b)Clothing. Aprons, frocks, and other outer clothing worn by persons who handle product must be of material that is disposable or readily cleaned. Clean garments must be worn at the start of each working day and garments must be changed during the day as often

  25. Section 110.10 - Personnel

    21 C.F.R. § 110.10   Cited 8 times   1 Legal Analyses
    Requiring the removal of "all unsecured jewelry and other objects that might fall into food"
  26. Section 500.2 - Regulatory control action

    9 C.F.R. § 500.2   Cited 1 times

    (a) FSIS may take a regulatory control action because of: (1) Insanitary conditions or practices; (2) Product adulteration or misbranding; (3) Conditions that preclude FSIS from determining that product is not adulterated or misbranded; or (4) Inhumane handling or slaughtering of livestock. (b) If a regulatory control action is taken, the program employee will immediately notify the establishment orally or in writing of the action and the basis for the action. (c) An establishment may appeal a regulatory

  27. Section 430.4 - Control of Listeria monocytogenes in post-lethality exposed ready-to-eat products

    9 C.F.R. § 430.4   Cited 1 times
    Requiring testing and controls for listeria only in ready-to-eat pork products