§Why CasetextPricing

Rodriguez et al v. City of Albuquerque

MEMORANDUM in Support re First MOTION for Summary Judgment

33 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,608 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. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,641 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Garcia v. San Antonio Metro. Transit Auth

    469 U.S. 528 (1985)   Cited 978 times   5 Legal Analyses
    Holding that local governments are not constitutionally immune from federal employment laws, and overruling National League of Cities v. Usery , 426 U.S. 833, 96 S.Ct. 2465, 49 L.Ed.2d 245, after "eight years" of experience under that regime showed Usery ’s standard was unworkable and, in practice, undermined the federalism principles the decision sought to protect

  4. Overnight Motor Co. v. Missel

    316 U.S. 572 (1942)   Cited 808 times   15 Legal Analyses
    Holding that fluctuating pay plans do not violate the FLSA, even though under such plans "the longer the hours the less are the earnings per hour"

  5. Lamon v. City of Shawnee

    972 F.2d 1145 (10th Cir. 1992)   Cited 142 times
    Holding that the City could rely on a 1986 administrative code provision, when the evidence that it established a 28-day work period was "uncontested"

  6. Barefield v. Village of Winnetka

    81 F.3d 704 (7th Cir. 1996)   Cited 83 times
    Holding that no declaration of intent is necessary so long as plaintiffs actually work a 28-day schedule

  7. Kohlheim v. Glynn County

    915 F.2d 1473 (11th Cir. 1990)   Cited 84 times
    Holding "that the county should be allowed to set-off all previously paid overtime premiums . . . against overtime found to be due and owing during the damages phase of the trial"

  8. Acton v. City of Columbia

    436 F.3d 969 (8th Cir. 2006)   Cited 49 times   2 Legal Analyses
    Holding that sick time buy-back must be included in the regular rate

  9. Pabst v. Okla. Gas & Elec. Co.

    228 F.3d 1128 (10th Cir. 2000)   Cited 57 times   2 Legal Analyses
    Upholding decision of trial court that employer acted with reasonable grounds, in part, because the law at issue was "fact-sensitive"

  10. In re Wal-Mart Stores, Inc.

    395 F.3d 1177 (10th Cir. 2005)   Cited 46 times   2 Legal Analyses
    Collecting and analyzing DOL opinion letters

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,337 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 216 - Penalties

    29 U.S.C. § 216   Cited 16,420 times   141 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 10,487 times   227 Legal Analyses
    Establishing overtime rules

  14. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,546 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful

  15. Section 260 - Liquidated damages

    29 U.S.C. § 260   Cited 1,806 times   11 Legal Analyses
    Granting district courts the discretion to decline to award liquidated damages when good faith is shown

  16. Section 778.109 - The regular rate is an hourly rate

    29 C.F.R. § 778.109   Cited 317 times   6 Legal Analyses
    Stating that "[t]he `regular rate' under the Act is a rate per hour" and that section 778.114 and other sections "give some examples of the proper method of determining the regular rate of pay in particular instances"

  17. Section 778.110 - Hourly rate employee

    29 C.F.R. § 778.110   Cited 107 times   7 Legal Analyses
    Setting standards for determining the regular rate of an employee "employed solely on the basis of a single hourly rate"

  18. Section 778.200 - Provisions governing inclusion, exclusion, and crediting of particular payments

    29 C.F.R. § 778.200   Cited 37 times   5 Legal Analyses

    (a)Section 7(e). This subsection of the Act provides as follows: As used in this section the "regular rate" at which an employee is employed shall be deemed to include all remuneration for employment paid to, or on behalf of, the employee, but shall not be deemed to include: (1) Sums paid as gifts; payments in the nature of gifts made at Christmas time or on other special occasions, as a reward for service, the amounts of which are not measured by or dependent on hours worked, production, or efficiency;