33 Cited authorities

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"
Fontenot v. Upjohn Co.
780 F.2d 1190 (5th Cir. 1986) Cited 2,660 times
Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"
Icicle Seafoods, Inc. v. Worthington
475 U.S. 709 (1986) Cited 482 times
Holding that a court of appeals "should not simply have made factual findings on its own"
Chaplin v. Nationscredit Corp.
307 F.3d 368 (5th Cir. 2002) Cited 352 times
Holding that federal law governs the interpretation of an ERISA waiver
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
Dalheim v. KDFW-TV
918 F.2d 1220 (5th Cir. 1990) Cited 241 times 11 Legal Analyses
Holding that television station producers' jobs did not fit into administrative exemption because they produced the station's news-department product and were not involved in the administrative operations
Bothell v. Phase Metrics, Inc.
299 F.3d 1120 (9th Cir. 2002) Cited 153 times 5 Legal Analyses
Holding genuine issues of fact precluded summary judgment where the plaintiff's job duties were disputed and the plaintiff "testified that he had to call or otherwise communicate with [his supervisor] two to five times a day and that all but the smallest decisions were made by the supervisor"
Shockley v. City of Newport News
997 F.2d 18 (4th Cir. 1993) Cited 169 times 1 Legal Analyses
Holding that Media Relations Sergeants did not meet exemption criteria when they “spent half their time on the ‘crime line,’ answering the phone, taking tips, and passing them on to the right department,” and also “screen[ed] calls to the Chief of Police, respond [ed] to impromptu questions by the press, determin[ed] what information should be released to the press regarding ongoing investigations, and develop[ed] an ongoing news broadcast called ‘Crime of the Week’ ”
Donovan v. Burger King Corp.
672 F.2d 221 (1st Cir. 1982) Cited 148 times 4 Legal Analyses
Holding that "Burger King assistant managers have management as their primary duty"
Clark v. J.M. Benson Co., Inc.
789 F.2d 282 (4th Cir. 1986) Cited 128 times 10 Legal Analyses
Holding that employer “bears the full burden of persuasion for the facts requisite to an exemption”
Section 541.200 - [Effective until 7/1/2024] General rule for administrative employees
29 C.F.R. § 541.200 Cited 899 times 92 Legal Analyses
Providing that the administrative exemption can also apply if the employee’s primary duty is directly related to the management or general business operations of the employer’s customers
Section 541.100 - [Effective 7/1/2024] General rule for executive employees
29 C.F.R. § 541.100 Cited 852 times 52 Legal Analyses
Requiring payment "on a salary basis at a rate of not less than $455 per week"
Section 541.700 - Primary duty
29 C.F.R. § 541.700 Cited 781 times 60 Legal Analyses
Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"
Section 541.2 - Job titles insufficient
29 C.F.R. § 541.2 Cited 519 times 26 Legal Analyses
Explaining that an employee employed in an "administrative * * * capacity" includes an employee "[w]ho customarily and regularly exercise discretion and independent judgment"
Section 541.202 - Discretion and independent judgment
29 C.F.R. § 541.202 Cited 454 times 57 Legal Analyses
Regarding review by supervisors
Section 541.1 - Terms used in regulations
29 C.F.R. § 541.1 Cited 432 times 6 Legal Analyses
Requiring that an exempt employee's work "includes the customary and regular direction of the work of two or more other employees"
Section 541.102 - Management
29 C.F.R. § 541.102 Cited 431 times 11 Legal Analyses
Listing selecting employees, apportioning work, recommending promotions, disciplining employees, and determining techniques or materials to be used as examples of managerial duties
Section 541.103 - Department or subdivision
29 C.F.R. § 541.103 Cited 293 times 10 Legal Analyses
Defining "primary duty" for the executive employee
Section 541.3 - Scope of the section 13(a)(1) exemptions
29 C.F.R. § 541.3 Cited 237 times 16 Legal Analyses
Defining the scope of the exemptions

Murphy et al v. Town of Natick et al

33 Cited authorities

Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

Holding where plaintiff moves for summary judgment on issue upon which it bears burden of proof, it "must establish beyond peradventure all of the essential elements of the claim"

Holding that a court of appeals "should not simply have made factual findings on its own"

Holding that federal law governs the interpretation of an ERISA waiver

Holding that exemptions from remedial legislation must be narrowly construed

Holding that television station producers' jobs did not fit into administrative exemption because they produced the station's news-department product and were not involved in the administrative operations

Holding genuine issues of fact precluded summary judgment where the plaintiff's job duties were disputed and the plaintiff "testified that he had to call or otherwise communicate with [his supervisor] two to five times a day and that all but the smallest decisions were made by the supervisor"

Holding that "Burger King assistant managers have management as their primary duty"

Holding that employer “bears the full burden of persuasion for the facts requisite to an exemption”

Providing that the administrative exemption can also apply if the employee’s primary duty is directly related to the management or general business operations of the employer’s customers

Requiring payment "on a salary basis at a rate of not less than $455 per week"

Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"

Explaining that an employee employed in an "administrative * * * capacity" includes an employee "[w]ho customarily and regularly exercise discretion and independent judgment"

Regarding review by supervisors

Requiring that an exempt employee's work "includes the customary and regular direction of the work of two or more other employees"

Listing selecting employees, apportioning work, recommending promotions, disciplining employees, and determining techniques or materials to be used as examples of managerial duties

Defining "primary duty" for the executive employee

Defining the scope of the exemptions