§Why CasetextPricing

Roeder et al v. Directv, Inc et al

MOTION for Partial Summary Judgment

53 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,210 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. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,470 times   44 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  3. 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

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

    471 U.S. 290 (1985)   Cited 656 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”

  5. Barfield v. New York City

    537 F.3d 132 (2d Cir. 2008)   Cited 910 times   7 Legal Analyses
    Holding that an entity can constitute a "joint employer even absent a showing of subterfuge or business bad faith"

  6. Arnold v. Ben Kanowsky, Inc.

    361 U.S. 388 (1960)   Cited 772 times   9 Legal Analyses
    Holding that employer bears burden of proof, on each and every element of the claimed exemption

  7. Goldberg v. Whitaker House Coop

    366 U.S. 28 (1961)   Cited 699 times   6 Legal Analyses
    Holding that the test of employment under the FLSA is the economic reality test

  8. Zheng v. Liberty Apparel Co. Inc.

    355 F.3d 61 (2d Cir. 2003)   Cited 569 times   11 Legal Analyses
    Holding district court erred in applying only four factors regarding formal control

  9. Rutherford Food Corp. v. McComb

    331 U.S. 722 (1947)   Cited 849 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"

  10. Board v. Hearst Publications

    322 U.S. 111 (1944)   Cited 788 times   5 Legal Analyses
    Determining whether newsboys were independent contractors or employees under the National Labor Relations Act ("NLRA")

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 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 201 - Short title

    29 U.S.C. § 201   Cited 20,918 times   102 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,460 times   225 Legal Analyses
    Establishing overtime rules

  14. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,787 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  15. Section 516.2 - Employees subject to minimum wage or minimum wage and overtime provisions pursuant to section 6 or sections 6 and 7(a) of the Act

    29 C.F.R. § 516.2   Cited 403 times   17 Legal Analyses
    Listing records and information employers must keep

  16. Section 778.111 - Pieceworker

    29 C.F.R. § 778.111   Cited 55 times   5 Legal Analyses
    Recognizing piece-rate pay

  17. Section 778.318 - Productive and nonproductive hours of work

    29 C.F.R. § 778.318   Cited 35 times
    Describing "time spent in travel on the employer's behalf" as nonproductive time

  18. Section 516.16 - Commission employees of a retail or service establishment exempt from overtime pay requirements pursuant to section 7(i) of the Act

    29 C.F.R. § 516.16   Cited 16 times

    With respect to each employee of a retail or service establishment exempt from the overtime pay requirements of the Act pursuant to the provisions of section 7(i), employers shall maintain and preserve payroll and other records containing all the information and data required by § 516.2(a) except paragraphs (a) (6), (8), (9), and (11), and in addition: (a) A symbol, letter or other notation placed on the payroll records identifying each employee who is paid pursuant to section 7(i). (b) A copy of

  19. Section 779.303 - "Establishment" defined; distinguished from "enterprise" and "business."

    29 C.F.R. § 779.303   Cited 15 times   3 Legal Analyses
    Distinguishing establishments from the enterprises that control them

  20. Section 779.310 - Employees of employers operating multi-unit businesses

    29 C.F.R. § 779.310   Cited 2 times

    (a) Where the employer's business operations are conducted in more than one establishment, as in the various units of a chain-store system or where branch establishments are operated in conjunction with a main store, the employer is entitled to exemption under section 13(a)(2) or (4) for those of his employees in such business operations, and those only, who are "employed by" an establishment which qualifies for exemption under the statutory tests. For example, the central office or central warehouse