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Rapczynski et al v. Directv, Inc. et al

BRIEF IN OPPOSITION re MOTION for Summary Judgment as to Plaintiff Antonio Purificato, 75 MOTION for Summary Judgment as to Plaintiff Stephen Rydzanich, 73 MOTION for Summary Judgment as to Plaintiff Andrew James

66 Cited authorities

  1. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 1,959 times   12 Legal Analyses
    Holding that the "plain language" of the Fair Labor Standards Act's "willful" liquidated damages standard requires that "the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute," without regard to the outrageousness of the conduct at issue

  2. Tony & Susan Alamo Found. v. Sec'y of Labor

    471 U.S. 290 (1985)   Cited 661 times   17 Legal Analyses
    Holding that workers were employees, not volunteers, where food, shelter, and other benefits upon which they were dependent constituted “wages in another form”

  3. Anderson v. Mt. Clemens Pottery Co.

    328 U.S. 680 (1946)   Cited 2,593 times   58 Legal Analyses
    Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"

  4. Barfield v. New York City

    537 F.3d 132 (2d Cir. 2008)   Cited 915 times   7 Legal Analyses
    Holding that an entity can constitute a "joint employer even absent a showing of subterfuge or business bad faith"

  5. Falk v. Brennan

    414 U.S. 190 (1973)   Cited 397 times   3 Legal Analyses
    Holding that a company exercising “substantial control of the terms and conditions of the work” of the employees is an employer under the FLSA

  6. Rutherford Food Corp. v. McComb

    331 U.S. 722 (1947)   Cited 850 times   23 Legal Analyses
    Holding the FLSA contains "no definition that solves problems as to the limits of the employer-employee relationship under the Act"

  7. Story Parchment Co. v. Paterson Co.

    282 U.S. 555 (1931)   Cited 1,104 times
    Holding that although damages must be "the certain result of the wrong," they may be "uncertain in respect of their amount."

  8. Brock v. Superior Care, Inc.

    840 F.2d 1054 (2d Cir. 1988)   Cited 495 times   4 Legal Analyses
    Holding that health care agency was employer of nurses whom it referred for various placements

  9. 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

  10. Schultz v. Capital Intern. Sec., Inc.

    466 F.3d 298 (4th Cir. 2006)   Cited 251 times   1 Legal Analyses
    Holding that a Saudi prince jointly employed the person who guarded him, along with the security firm that employed and provided the guard

  11. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,500 times   227 Legal Analyses
    Establishing overtime rules

  12. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,814 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  13. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,618 times   253 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement

  14. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,549 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful

  15. Section 531.35 - "Free and clear" payment; "kickbacks."

    29 C.F.R. § 531.35   Cited 288 times   15 Legal Analyses
    Noting that wages "cannot be considered to have been paid by the employer and received by the employee unless they are paid finally and unconditionally"

  16. Section 9.1 - Authorized deductions

    34 Pa. Code § 9.1   Cited 10 times

    The following deductions from wages are authorized for the convenience of employes in accordance with the provisions of section 3 of the Wage Payment and Collection Law (43 P. S. § 260.3). (1) Contributions to and recovery of overpayments under employe welfare and pension plans subject to the Federal Welfare and Pension Plans Disclosure Act (29 U.S.C.A. § 301 et seq.). (2) Contributions authorized in writing by employes or under a collective bargaining agreement to employe welfare and pension plans

  17. Section 779.322 - Second requirement for qualifying as a "retail or service establishment."

    29 C.F.R. § 779.322   Cited 6 times   1 Legal Analyses
    Explaining that "many sales which are not for resale lack a retail concept and the fact that a sale is not for resale cannot establish that it is recognized as retail in a particular industry"

  18. Section 779.330 - Third requirement for qualifying as a "retail or service establishment."

    29 C.F.R. § 779.330   Cited 3 times

    The third requirement for qualifying as a "retail or service establishment" within that term's statutory definition is that 75 percent of the retail or service establishment's annual dollar volume must be from sales of goods or of services (or of both) which are not made for resale. At least three-fourths of the total sales of goods or services (or of both) (measured by annual dollar volume) must not be made for resale. Except under the special provision in section 3(n) of the Act, discussed in §