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Nancy Sweet v. United Parcel Service, Inc. et al

MEMORANDUM in Opposition to MOTION for Summary Judgment as to all claims in plaintiff's complaint 29

42 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,238 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. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,238 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

  3. Blonder-Tongue v. University Foundation

    402 U.S. 313 (1971)   Cited 2,222 times   13 Legal Analyses
    Holding issue preclusion inappropriate when "without fault of his own the [party to be precluded] was deprived of crucial evidence or witnesses in the first litigation"

  4. United States v. Mendoza

    464 U.S. 154 (1984)   Cited 567 times   2 Legal Analyses
    Holding in an immigration context that the government could not be collaterally estopped from litigating a constitutional issue concerning its administration of the Nationality Act, adjudicated against it in a prior action brought by a different party

  5. Martinez v. Combs

    49 Cal.4th 35 (Cal. 2010)   Cited 479 times   45 Legal Analyses
    Holding that California's wage and hour laws do not impose liability on "individual corporate agents acting within the scope of their agency"

  6. Cortez v. Purolator Air Filtration Products Co.

    23 Cal.4th 163 (Cal. 2000)   Cited 555 times   1 Legal Analyses
    Holding restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"

  7. Ramirez v. Yosemite Water Co.

    20 Cal.4th 785 (Cal. 1999)   Cited 340 times   17 Legal Analyses
    Holding that when a court evaluates if an employee was primarily engaged in exempt duties for purposes of the administrative exemption to overtime pay, it must consider "how the employee actually spends his or her time" and also "whether the employee's practice diverges from the employer's realistic expectations"

  8. Morillion v. Royal Packing

    22 Cal.4th 575 (Cal. 2000)   Cited 331 times   29 Legal Analyses
    Holding that compulsory travel time on bus from departure point to work site is compensable

  9. 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

  10. Cicairos v. Summit Logistics, Inc.

    133 Cal.App.4th 949 (Cal. Ct. App. 2005)   Cited 149 times   10 Legal Analyses
    Holding that an employer's "obligation to provide the plaintiffs with an adequate meal period is not satisfied by [shifting responsibility to employees to take their meal breaks], because employers have `an affirmative obligation to ensure that workers are actually relieved of all duty.'" (quoting Wage Order applicable to the transportation industry)

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 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 213 - Exemptions

    29 U.S.C. § 213   Cited 4,608 times   253 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement

  13. 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"

  14. Section 541.201 - Directly related to management or general business operations

    29 C.F.R. § 541.201   Cited 480 times   74 Legal Analyses
    Listing examples of the functional areas related to "management or general business operations"

  15. Section 541.202 - Discretion and independent judgment

    29 C.F.R. § 541.202   Cited 453 times   57 Legal Analyses
    Regarding review by supervisors

  16. Section 11090 - Order Regulating Wages, Hours, and Working Conditions in the Transportation Industry

    Cal. Code Regs. tit. 8 § 11090   Cited 196 times   5 Legal Analyses
    Providing employee "shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless" employee is paid overtime

  17. Section 395.8 - Driver's record of duty status

    49 C.F.R. § 395.8   Cited 131 times   6 Legal Analyses
    Specifying these four categories

  18. Section 541.104 - Two or more other employees

    29 C.F.R. § 541.104   Cited 115 times   6 Legal Analyses

    (a) To qualify as an exempt executive under § 541.100 , the employee must customarily and regularly direct the work of two or more other employees. The phrase "two or more other employees" means two full-time employees or their equivalent. One full-time and two half-time employees, for example, are equivalent to two full-time employees. Four half-time employees are also equivalent. (b) The supervision can be distributed among two, three or more employees, but each such employee must customarily and

  19. Section 395.1 - Scope of rules in this part

    49 C.F.R. § 395.1   Cited 54 times   5 Legal Analyses
    Providing that, in "emergency conditions," a driver may complete the shipment even if the driving time falls outside of the maximum driving time "without being in violation of the provisions of the regulations"

  20. Section 395.2 - Definitions

    49 C.F.R. § 395.2   Cited 27 times

    As used in this part, the following words and terms are construed to mean: Adverse driving conditions means snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or to a motor carrier immediately prior to dispatching the driver. Agricultural commodity

  21. Section 782.0 - Introductory statement

    29 C.F.R. § 782.0   Cited 9 times

    (a) Since the enactment of the Fair Labor Standards Act of 1938, the views of the Administrator of the Wage and Hour Division as to the scope and applicability of the exemption provided by section 13(b)(1) of the act have been expressed in interpretations issued from time to time in various forms. This part, as of the date of its publication in the FEDERAL REGISTER, supersedes and replaces such prior interpretations. Its purpose is to make available in one place general interpretations of the Administrator

  22. Section 1200 - Scope

    Cal. Code Regs. tit. 13 § 1200   Cited 5 times   1 Legal Analyses

    (a) Applicability. Unless otherwise indicated within a specific section, the provisions of this chapter shall apply to vehicles listed in Vehicle Code Sections 545(a)(11), 34500 and 34500.1 and their operation. (b) Exceptions. (1) This chapter shall not apply to vehicles used primarily off the highway and not required to be registered pursuant to Vehicle Code Section 4000(a). (2) A vehicle identified in Vehicle Code Section 34500(g), otherwise not identified in subdivisions (a), (b), (c), (d), (e)