26 Cited authorities

Omni Capital Int'l v. Rudolf Wolff Co.
484 U.S. 97 (1987) Cited 1,931 times 1 Legal Analyses
Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service
Okla. Press Pub. Co. v. Walling
327 U.S. 186 (1946) Cited 812 times 1 Legal Analyses
Holding that although agency must defend purpose behind investigation, it is not required to prove cause of action at subpoena enforcement stage
Polycarpe v. E&S Landscaping Serv., Inc.
616 F.3d 1217 (11th Cir. 2010) Cited 152 times
Holding that plaintiff failed to prove "enterprise coverage," and that defendant was thus entitled to judgment as a matter of law, because plaintiff failed to introduce evidence sufficient to show that defendant's "annual gross volume of sales made or business done" was at least $500,000
O'Meara v. Waters
464 F. Supp. 2d 474 (D. Md. 2006) Cited 149 times
Holding that taxpayer had received due process because he was given the opportunity to participate in a telephone conference in which he discussed the substance of his case with an Appeals officer
Blair v. City of Worcester
522 F.3d 105 (1st Cir. 2008) Cited 132 times
Holding that the defendant's affidavits were sufficient to rebut the prima facie presumption created by a return of service
Brennan v. Arnheim Neely, Inc.
410 U.S. 512 (1973) Cited 98 times
Holding that the building management activities of the defendant constituted a "single enterprise" and, as such, should be aggregated for coverage purposes
Martin v. Bedell
955 F.2d 1029 (5th Cir. 1992) Cited 160 times 1 Legal Analyses
Holding that the employer of offshore cooks on oil rig maintenance boats was not exempted from enterprise coverage under the FLSA as the threshold sales volume was met
Reich v. Gateway Press, Inc.
13 F.3d 685 (3d Cir. 1994) Cited 120 times 2 Legal Analyses
Holding that task of rewriting press releases, etc. did not meet artistic professional exemption in part because it did not "require any special imagination or skill at making a complicated thing seem simple"
E.E.O.C. v. Karuk Tribe Housing Authority
260 F.3d 1071 (9th Cir. 2001) Cited 87 times 6 Legal Analyses
Holding tribe not immune in EEOC enforcement action
Reich v. Stewart
121 F.3d 400 (8th Cir. 1997) Cited 71 times
Holding that a plaintiff cannot waive his entitlement to FLSA benefits
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 203 - Definitions
29 U.S.C. § 203 Cited 6,911 times 277 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

Perez v. LA Piedad Corporation D/B/A EL Mezcal Mexican Restaurant

26 Cited authorities

Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service

Holding that although agency must defend purpose behind investigation, it is not required to prove cause of action at subpoena enforcement stage

Holding that plaintiff failed to prove "enterprise coverage," and that defendant was thus entitled to judgment as a matter of law, because plaintiff failed to introduce evidence sufficient to show that defendant's "annual gross volume of sales made or business done" was at least $500,000

Holding that taxpayer had received due process because he was given the opportunity to participate in a telephone conference in which he discussed the substance of his case with an Appeals officer

Holding that the defendant's affidavits were sufficient to rebut the prima facie presumption created by a return of service

Holding that the building management activities of the defendant constituted a "single enterprise" and, as such, should be aggregated for coverage purposes

Holding that the employer of offshore cooks on oil rig maintenance boats was not exempted from enterprise coverage under the FLSA as the threshold sales volume was met

Holding that task of rewriting press releases, etc. did not meet artistic professional exemption in part because it did not "require any special imagination or skill at making a complicated thing seem simple"

Holding tribe not immune in EEOC enforcement action

Holding that a plaintiff cannot waive his entitlement to FLSA benefits

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable