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Secretary of Labor v. Jasmine Hall Care Homes Inc. et al

MEMORANDUM of Points and Authorities in SUPPORT of 38 MOTION for SUMMARY JUDGMENT

49 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,049 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 216,170 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. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,029 times   1 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

  4. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 1,948 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

  5. T.W. Elec. Service v. Pacific Elec. Contr

    809 F.2d 626 (9th Cir. 1987)   Cited 9,861 times
    Holding that "[i]nferences must ... be drawn in the light most favorable to the nonmoving party" so long as "it is ‘rational’ or ‘reasonable’ and otherwise permissible under the governing substantive law"

  6. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,743 times   66 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

  7. Anderson v. Mt. Clemens Pottery Co.

    328 U.S. 680 (1946)   Cited 2,580 times   58 Legal Analyses
    Holding that, where employer's records are inadequate, "an employee has carried out his burden if he proves that he has in fact performed work for which he was improperly compensated and if he produces sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference."

  8. Reich v. S. New Eng. Telecomm. Corp.

    121 F.3d 58 (2d Cir. 1997)   Cited 505 times   3 Legal Analyses
    Holding that where a defendant fails to maintain required employment records, the employee may "submit sufficient evidence from which violations of [the FLSA] and the amount of an award may be reasonably inferred"

  9. Armour Co. v. Wantock

    323 U.S. 126 (1944)   Cited 622 times   12 Legal Analyses
    Holding that work is compensable if it is "predominantly for the employer's benefit" and noting that "an employer, if he chooses, may hire a man to do nothing"

  10. Musick v. Burke

    913 F.2d 1390 (9th Cir. 1990)   Cited 299 times
    In Musick v. Burke, 913 F.2d 1390 (9th Cir. 1990), we held that the interstate nexus requirement is not satisfied "where local activities have incidental effects on interstate commerce."

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,503 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 20,903 times   101 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,341 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  14. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,447 times   225 Legal Analyses
    Establishing overtime rules

  15. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,801 times   98 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  16. Section 211 - Collection of data

    29 U.S.C. § 211   Cited 1,301 times   6 Legal Analyses
    Providing that employers must "make, keep, and preserve" records of employees' hours

  17. Section 4400 - Department of Developmental Services

    Cal. Welf. and Inst. Code § 4400   Cited 2 times

    There is in the Health and Welfare Agency a State Department of Developmental Services. Ca. Welf. and Inst. Code § 4400 Added by Stats. 1977, Ch. 1252.

  18. Section 785.23 - Employees residing on employer's premises or working at home

    29 C.F.R. § 785.23   Cited 127 times   8 Legal Analyses
    Requiring agreements to be "reasonable"

  19. Section 785.16 - Off duty

    29 C.F.R. § 785.16   Cited 118 times   19 Legal Analyses

    (a)General. Periods during which an employee is completely relieved from duty and which are long enough to enable him to use the time effectively for his own purposes are not hours worked. He is not completely relieved from duty and cannot use the time effectively for his own purposes unless he is definitely told in advance that he may leave the job and that he will not have to commence work until a definitely specified hour has arrived. Whether the time is long enough to enable him to use the time

  20. Section 785.17 - On-call time

    29 C.F.R. § 785.17   Cited 92 times   8 Legal Analyses
    Stating that an "on call" employee is working if "required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes"

  21. Section 785.15 - On duty

    29 C.F.R. § 785.15   Cited 59 times   2 Legal Analyses
    Collecting examples of compensable work time

  22. Section 785.7 - Judicial construction

    29 C.F.R. § 785.7   Cited 51 times   2 Legal Analyses
    Requiring that employees covered by the FLSA be paid for "all the time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place"

  23. Section 56002 - Definitions

    Cal. Code Regs. tit. 17 § 56002   Cited 3 times

    (a) The following definitions shall apply to the regulations used in this subchapter: (1) "Administrator" means the licensee, or the adult designated by the licensee to act in his/her behalf who assumes responsibility for facility operations. (2) "Admission Agreement" means the agreement required pursuant to Title 22, California Code of Regulations, Sections 80068, 85068 and 87568. (3) "Authorized Consumer Representative" means the parent, or guardian of a minor, conservator of an adult, or person

  24. Section 56004 - Facility Service Levels

    Cal. Code Regs. tit. 17 § 56004   Cited 2 times

    (a) Service Level 1 through 4 facilities shall possess a valid Community Care Facility license issued by the Department of Social Services' Community Care Licensing Division pursuant to Health and Safety Code Sections 1500 et seq., and Title 22, California Code of Regulations, Division 6, Sections 80000 et seq. (b) Service Level 1 through 4 facilities shall be vendorized by a regional center pursuant to the requirements of Title 17, California Code of Regulations, Chapter 3, Subchapter 2. (c) Service

  25. Section 785.3 - Period of effectiveness of interpretations

    29 C.F.R. § 785.3   Cited 1 times

    These interpretations will remain in effect until they are rescinded, modified or withdrawn. This will be done when and if the Administrator concludes upon reexamination, or in the light of judicial decision, that a particular interpretation, ruling or enforcement policy is incorrect or unwarranted. All other rulings, interpretations or enforcement policies inconsistent with any portion of this part are superseded by it. The Portal-to-Portal Bulletin (part 790 of this chapter) is still in effect

  26. Section 85065 - Personnel Requirements

    Cal. Code Regs. tit. 22 § 85065

    (a) In addition to Section 80065, the following shall apply. (b) The licensee shall employ staff as necessary to ensure provision of care and supervision to meet client needs. (c) The licensee shall employ support staff as necessary to perform office work, cooking, house cleaning, laundering, and maintenance of buildings, equipment and grounds. (d) The licensee shall ensure that the following personnel requirements are met in the provision of planned activities: (1) In facilities with a licensed

  27. Section 784.15 - "State."

    29 C.F.R. § 784.15

    As used in the Act, "State" means "any State of the United States or the District of Columbia or any Territory or possession of the United States" (Act, section 3(c)). The application of this definition in determining questions of "coverage under the Act's definition of "commerce" and "produced" (see §§ 784.12 , 784.13 ) is discussed in part 776 of this chapter, dealing with general coverage. 29 C.F.R. §784.15