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Oregon Restaurant and Lodging Association et al v. United States Department of Labor

Response in Opposition to Motion to Dismiss or in the Alternative Motion for Summary Judgment 25 , and Response in Support of Cross Motion for Summary Judgment 26 . Oral Argument requested.

78 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,020 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,634 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  3. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,593 times   29 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

  4. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,701 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

  5. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,893 times   18 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

  6. Circuit City Stores, Inc. v. Adams

    532 U.S. 105 (2001)   Cited 1,537 times   52 Legal Analyses
    Holding that the phrase "any other class of workers engaged in ... commerce," following the specific examples of seamen and railroad employees, includes only "transportation workers," because construing it to include all other workers "fails to give independent effect to the statute’s enumeration of the specific categories of workers" that precede it

  7. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,175 times   41 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

  8. Lopez v. Davis

    531 U.S. 230 (2001)   Cited 885 times   5 Legal Analyses
    Holding that a mandatory statutory command had a different meaning than nearby permissive commands because "Congress’ use of the permissive ‘may’ in [one subsection] contrasts with the legislators’ use of a mandatory ‘shall’ in the very same section"

  9. Barrentine v. Ark.-Best Freight Sys.

    450 U.S. 728 (1981)   Cited 1,656 times   19 Legal Analyses
    Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA

  10. Ratzlaf v. United States

    510 U.S. 135 (1994)   Cited 902 times   11 Legal Analyses
    Holding that, "[t]o establish that a defendant `willfully violated]' the antistructuring law, the Government must prove that the defendant acted with knowledge that his conduct was unlawful," and stating that "pecific intent to commit the crime . . . might be negated by, e.g., proof that defendant relied in good faith on advice of counsel"

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,443 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,373 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  13. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,466 times   225 Legal Analyses
    Establishing overtime rules

  14. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,816 times   98 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  15. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,791 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  16. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,090 times   145 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  17. Section 211 - Collection of data

    29 U.S.C. § 211   Cited 1,305 times   6 Legal Analyses
    Providing that employers must "make, keep, and preserve" records of employees' hours

  18. Section 217 - Injunction proceedings

    29 U.S.C. § 217   Cited 790 times   1 Legal Analyses
    Authorizing the Secretary to initiate injunction proceedings to restrain any violation of 29 U.S.C. § 215, including 29 U.S.C. § 215, which makes it unlawful for an employer to fail to comply with the recordkeeping requirements contained in 29 U.S.C. § 211(c)

  19. Section 601 - Definitions

    5 U.S.C. § 601   Cited 193 times   5 Legal Analyses
    Defining a "small entity" to mean, as relevant here, a "small organization"

  20. Section 204 - Administration

    29 U.S.C. § 204   Cited 116 times   1 Legal Analyses
    Creating the DOL's Wage and Hour Division to administer the substantive provisions of the FLSA

  21. Section 531.52 - General restrictions on an employer's use of its employees' tips

    29 C.F.R. § 531.52   Cited 112 times   56 Legal Analyses
    Requiring a customer's tipping of a server to be "free of any control by the employer"

  22. Section 531.59 - The tip wage credit

    29 C.F.R. § 531.59   Cited 108 times   8 Legal Analyses
    Numbering added for clarity

  23. Section 531.54 - Tip pooling

    29 C.F.R. § 531.54   Cited 68 times   10 Legal Analyses
    Recognizing that bus boys who assist servers but who customarily do not directly receive diner-donated gratuities may properly be included in an employer-mandated tip pool

  24. Section 531.60 - Overtime payments

    29 C.F.R. § 531.60   Cited 35 times   9 Legal Analyses
    Stating that "a tipped employee's regular rate of pay includes the amount of the tip credit taken by the employer per hour"