§Why CasetextPricing

Perkins v. Southern New England Telephone Co Inc

Memorandum in Support re MOTION for Summary Judgment

21 Cited authorities

  1. Thomas v. Speedway

    506 F.3d 496 (6th Cir. 2007)   Cited 225 times   1 Legal Analyses
    Holding that store manager was relatively free from supervision even when her district manager visited her store once or twice a week, communicated with the plaintiff frequently over the phone and email, and remained constantly available

  2. Baldwin v. Trailer Inns, Inc.

    266 F.3d 1104 (9th Cir. 2001)   Cited 180 times   2 Legal Analyses
    Holding that employees qualified as exempt even though the employees spent ninety percent of their time on nonexempt tasks due to other relevant factors

  3. Donovan v. Burger King Corp.

    672 F.2d 221 (1st Cir. 1982)   Cited 149 times   4 Legal Analyses
    Holding that "Burger King assistant managers have management as their primary duty"

  4. Donovan v. Burger King Corp.

    675 F.2d 516 (2d Cir. 1982)   Cited 119 times   4 Legal Analyses
    Holding that Burger King assistant managers "have, as their `primary duty,' managerial responsibilities"

  5. Murray v. Stuckey's, Inc.

    50 F.3d 564 (8th Cir. 1995)   Cited 81 times
    Holding that supervision of two or more employees who worked 80 hours per week 98.2% of the time was "`customarily and regularly' by any definition"

  6. West v. Anne Arundel County

    137 F.3d 752 (4th Cir. 1998)   Cited 55 times   1 Legal Analyses
    Holding that EMS Training Lieutenants' position met criteria because the Lieutenants “develop[ed], coordinate[d], implement[ed,] and conduct[ed] EMS training programs ... prepare[d] lesson plans and training aids supervise [d] delivery of training and tests and evaluate[d] new equipment”

  7. Kastor v. Sam's Wholesale Club

    131 F. Supp. 2d 862 (N.D. Tex. 2001)   Cited 42 times
    Holding demonstrable evidence of significant pay disparity sufficient to support application of executive exemption

  8. Haines v. Southern Retailers, Inc.

    939 F. Supp. 441 (E.D. Va. 1996)   Cited 37 times   3 Legal Analyses
    Holding store manager was exempt executive even though the majority of his time was spent on non-exempt responsibilities

  9. Beauchamp v. Flex-N-Gate LLC

    357 F. Supp. 2d 1010 (E.D. Mich. 2005)   Cited 21 times
    Holding that production supervisor qualifies for executive exemption despite limited authority to hire and fire because the defendant company was using a temporary worker agency as an initial source of new employees

  10. Monroe Firefighters Ass'n v. City of Monroe

    600 F. Supp. 2d 790 (W.D. La. 2009)   Cited 16 times
    Holding that "[t]o the extent that the post-August 23, 2004 regulations require an actual disciplinary deduction and to the extent that these regulations are controlling, there is no evidence that any [employee] ever suffered a twelve-hour deduction from pay for missing out."

  11. Section 541.100 - General rule for executive employees

    29 C.F.R. § 541.100   Cited 866 times   53 Legal Analyses
    Requiring payment "on a salary basis at a rate of not less than $455 per week"

  12. Section 541.1 - Terms used in regulations

    29 C.F.R. § 541.1   Cited 433 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"

  13. Section 31-60-14 - Employee in bona fide executive capacity

    Conn. Agencies Regs. § 31-60-14   Cited 8 times   1 Legal Analyses

    (a) For the purposes of section 31-58(f) of the general statutes, as amended, "employee employed in a bona fide executive capacity" means any employee (1) whose primary duty consists of the management of the enterprise in which he is employed or of a customarily recognized department or subdivision thereof; and (2) who customarily and regularly directs the work of two or more other employees therein; and (3) who has the authority to hire or fire other employees or whose suggestions and recommendations