§Why CasetextPricing

Roussell v. Brinker International, Inc.

MOTION for Summary Judgment

13 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,092 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. Myers v. Copper Cellar Corp.

    192 F.3d 546 (6th Cir. 1999)   Cited 143 times   10 Legal Analyses
    Holding that a waitress's shift as a salad preparer was a dual job

  3. Kilgore v. Outback Steakhouse of Fla., Inc.

    160 F.3d 294 (6th Cir. 1998)   Cited 128 times   9 Legal Analyses
    Holding that an employer must "inform its employees of its intent to take a tip credit toward the employer's minimum wage obligation," but the employer is not required to explain the tip credit

  4. Lentz v. Spanky's Rest. II, Inc.

    491 F. Supp. 2d 663 (N.D. Tex. 2007)   Cited 60 times   3 Legal Analyses
    Holding the plaintiff did not establish he was similarly situated where the defendant produced evidence that as a head waiter he had different job duties than other wait staff

  5. Dole v. Cont'l Cuisine, Inc.

    751 F. Supp. 799 (E.D. Ark. 1990)   Cited 37 times   2 Legal Analyses
    Holding that a tip-out requirement that resulted in servers tipping out forty percent of their tips did not violate the FLSA and refusing to follow the opinion letters because "[t]he Court can find no statutory or regulatory authority for the Secretary's opinion that contributions in excess of 15% of tips or 2% of daily gross sales are excessive"

  6. Marshall v. Krystal Co.

    467 F. Supp. 9 (E.D. Tenn. 1978)   Cited 10 times   3 Legal Analyses
    Finding that waiters, bus persons, and bartenders were permitted to derive their tip income from a tip pool

  7. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  8. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,020 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  9. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,869 times   100 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  10. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,827 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  11. Section 531.59 - The tip wage credit

    29 C.F.R. § 531.59   Cited 109 times   8 Legal Analyses
    Numbering added for clarity

  12. Section 531.54 - Tip pooling

    29 C.F.R. § 531.54   Cited 69 times   10 Legal Analyses
    Recognizing that bus boys who assist servers but who customarily do not directly receive diner-donated gratuities may properly be included in an employer-mandated tip pool

  13. Section 531.57 - Receiving the minimum amount "customarily and regularly."

    29 C.F.R. § 531.57   Cited 9 times   2 Legal Analyses
    Regarding "tipped employees" under the FLSA