108 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,065 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"
Nationwide Mut. Ins. Co. v. Darden
503 U.S. 318 (1992) Cited 1,476 times 44 Legal Analyses
Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning
Barrentine v. Ark.-Best Freight Sys.
450 U.S. 728 (1981) Cited 1,663 times 19 Legal Analyses
Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA
Community for Creative Non-Violence v. Reid
490 U.S. 730 (1989) Cited 1,152 times 17 Legal Analyses
Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry
Clackamas Gastroenterology Assocs., P.C. v. Wells
538 U.S. 440 (2003) Cited 380 times 17 Legal Analyses
Holding that whether an organization can hire or fire or set the rules and regulations of the individual's work is relevant to whether one is an employee
Long Island Care at Home v. Coke
551 U.S. 158 (2007) Cited 332 times 22 Legal Analyses
Holding authorization for Secretary of Labor to "prescribe necessary rules, regulations, and orders" provided the Department of Labor "with the power to fill [explicit statutory] gaps"
Anderson v. Mt. Clemens Pottery Co.
328 U.S. 680 (1946) Cited 2,597 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"
Brooklyn Bank v. O'Neil
324 U.S. 697 (1945) Cited 1,708 times 28 Legal Analyses
Holding right to liquidated damages under Fair Labor Standards Act nonwaivable
Amini v. Oberlin College
440 F.3d 350 (6th Cir. 2006) Cited 574 times
Holding that evidence of the racial composition of the college showing few minority hirings faculty "does not lead ineluctably to the conclusion that the college considered race when eliminating the plaintiff from consideration for the position for which he applied"
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
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,533 times 175 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Section 201 - Short title
29 U.S.C. § 201 Cited 21,020 times 104 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,462 times 141 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,421 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,098 times 17 Legal Analyses
Permitting the use of declarations instead
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,869 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 6,827 times 274 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 260 - Liquidated damages
29 U.S.C. § 260 Cited 1,813 times 11 Legal Analyses
Granting district courts the discretion to decline to award liquidated damages when good faith is shown
Section 211 - Collection of data
29 U.S.C. § 211 Cited 1,311 times 6 Legal Analyses
Providing that employers must "make, keep, and preserve" records of employees' hours
Section 531.35 - "Free and clear" payment; "kickbacks."
29 C.F.R. § 531.35 Cited 290 times 15 Legal Analyses
Noting that wages "cannot be considered to have been paid by the employer and received by the employee unless they are paid finally and unconditionally"
Section 531.3 - General determinations of "reasonable cost."
29 C.F.R. § 531.3 Cited 116 times 10 Legal Analyses
Stating that "the cost of uniforms and of their laundering, where the nature of the business requires the employee to wear a uniform," is an expense primarily for the benefit of the employer
Section 500.20 - Definitions
29 C.F.R. § 500.20 Cited 103 times 8 Legal Analyses
Listing one of the regulatory factors as "[t]he degree of supervision, direct or indirect, of the work"
Section 531.32 - "Other facilities."
29 C.F.R. § 531.32 Cited 81 times 5 Legal Analyses
Describing items like safety caps, explosives, lamps, electric power, company police or security, taxes and insurance on employer buildings, railway fare for maintenance-of-way railway workers, and uniforms as "other facilities" not subject to deduction from the employees' wages
Section 655.122 - [Effective 6/28/2024] Contents of job offers
20 C.F.R. § 655.122 Cited 72 times 2 Legal Analyses
Requiring an employer to disclose the terms of the work contract to workers engaged in qualifying H-2A work during the contract period
Section 103.7 - [Effective until 10/1/2024] Fees
8 C.F.R. § 103.7 Cited 44 times 8 Legal Analyses
Authorizing the INS to charge a processing fee for formal applications or petitions
Section 655.100 - Purpose and scope of this subpart
20 C.F.R. § 655.100 Cited 33 times
Defining "H-2A worker" as "any nonimmigrant alien admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 101(H) of the I[mmigration] N[ationality] A[ct] (8 U.S.C. [§] 1101(H))"
Section 1910.142 - Temporary labor camps
29 C.F.R. § 1910.142 Cited 27 times
Sleeping rooms must have at least 50 square feet of floor space per occupant and seven-foot ceilings; living quarters must include windows “the total of which may not be less than one-tenth of the floor area”; wood floors must be elevated at least one foot above ground level to prevent dampness
Section 655.135 - [Effective 6/28/2024] Assurance and obligations of H-2A employers
20 C.F.R. § 655.135 Cited 26 times
Requiring employers to hire qualified U.S. workers until fifty percent of the time frame set out in the H-2A work order has elapsed
Section 776.5 - Coverage not dependent on method of compensation
29 C.F.R. § 776.5 Cited 10 times
Providing that minimum wage provision "not limited to employees working on an hourly wage"

Murillo et al v. Dillard

108 Cited authorities

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"

Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA

Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry

Holding that whether an organization can hire or fire or set the rules and regulations of the individual's work is relevant to whether one is an employee

Holding authorization for Secretary of Labor to "prescribe necessary rules, regulations, and orders" provided the Department of Labor "with the power to fill [explicit statutory] gaps"

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"

Holding right to liquidated damages under Fair Labor Standards Act nonwaivable

Holding that evidence of the racial composition of the college showing few minority hirings faculty "does not lead ineluctably to the conclusion that the college considered race when eliminating the plaintiff from consideration for the position for which he applied"

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Setting fourteen as the minimum age for most non-agricultural work

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Permitting the use of declarations instead

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

Granting district courts the discretion to decline to award liquidated damages when good faith is shown

Providing that employers must "make, keep, and preserve" records of employees' hours

Noting that wages "cannot be considered to have been paid by the employer and received by the employee unless they are paid finally and unconditionally"

Stating that "the cost of uniforms and of their laundering, where the nature of the business requires the employee to wear a uniform," is an expense primarily for the benefit of the employer

Listing one of the regulatory factors as "[t]he degree of supervision, direct or indirect, of the work"

Describing items like safety caps, explosives, lamps, electric power, company police or security, taxes and insurance on employer buildings, railway fare for maintenance-of-way railway workers, and uniforms as "other facilities" not subject to deduction from the employees' wages

Requiring an employer to disclose the terms of the work contract to workers engaged in qualifying H-2A work during the contract period

Authorizing the INS to charge a processing fee for formal applications or petitions

Defining "H-2A worker" as "any nonimmigrant alien admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 101(H) of the I[mmigration] N[ationality] A[ct] (8 U.S.C. [§] 1101(H))"

Sleeping rooms must have at least 50 square feet of floor space per occupant and seven-foot ceilings; living quarters must include windows “the total of which may not be less than one-tenth of the floor area”; wood floors must be elevated at least one foot above ground level to prevent dampness

Requiring employers to hire qualified U.S. workers until fifty percent of the time frame set out in the H-2A work order has elapsed

Providing that minimum wage provision "not limited to employees working on an hourly wage"