§Why CasetextPricing

Simmons et al v. Boys & Girls Club of The Pikes Peak Region, et al

MOTION for Partial Summary Judgment

20 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,816 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 216,828 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. Herman v. RSR Sec. Servs. Ltd.

    172 F.3d 132 (2d Cir. 1999)   Cited 1,071 times   6 Legal Analyses
    Holding that an employer willfully violated the FLSA when he had "extensive knowledge" of the FLSA's requirements, knew of previous violations, and relied on assurances by corporate decisionmakers despite their prior illegal activities

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

    121 F.3d 58 (2d Cir. 1997)   Cited 506 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"

  5. Renfro v. City of Emporia

    948 F.2d 1529 (10th Cir. 1991)   Cited 221 times   4 Legal Analyses
    Holding firefighters' on-call time compensable even though they engaged in some personal pursuits during that time

  6. Williams v. Tri-Cty. Growers, Inc.

    747 F.2d 121 (3d Cir. 1984)   Cited 138 times
    Holding that a "failure" "to take affirmative steps to ascertain the Act's requirements" prior to a federal wage and hour investigation "preclude[d] a finding of reasonable good faith"

  7. Hultgren v. County of Lancaster

    913 F.2d 498 (8th Cir. 1990)   Cited 96 times   134 Legal Analyses
    Holding that, where interruptions "cumulatively result[] in plaintiffs averaging from zero to four hours of sleep each night," the time must be counted as work time

  8. Braswell v. City of El Dorado

    187 F.3d 954 (8th Cir. 1999)   Cited 63 times
    Finding the words "as may be appropriate" in a statute as granting the court discretion whether to impose various listed remedies

  9. In re Ribozyme Pharmaceuticals Inc.

    Case No. 99-MK-2235 (MJW), This Document Relates to: 00-MK-0017, 00-MK-0002 and 99-MK-2423 (D. Colo. Jul. 15, 2002)   Cited 48 times

    Case No. 99-MK-2235 (MJW), This Document Relates to: 00-MK-0017, 00-MK-0002 and 99-MK-2423 July 15, 2002 MEMORANDUM OPINION AND ORDER MARCIA S. KRIEGER, Judge This matter came before me on the Defendants' Motion for Summary Judgment and the Plaintiffs' Motion for Partial Summary Judgment (Motions). I reviewed the Motions, briefs and supplementary materials submitted and, after considering the parties' oral arguments presented on May 15, 2002, rendered an oral ruling denying both Motions. This Memorandum

  10. Robertson v. Bd. of Cty. Com'rs of Morgan

    78 F. Supp. 2d 1142 (D. Colo. 1999)   Cited 46 times
    Holding that plaintiffs establishing that their employer failed to pay them for a mandatory, fifteen-minute pre-shift briefing may be entitled to overtime compensation under the FLSA, but declining to grant plaintiffs summary judgment because they failed to submit documentation of their individual entitlement to compensatory time

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,613 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 20,993 times   103 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,442 times   141 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  14. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,114 times   48 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  15. Section 260 - Liquidated damages

    29 U.S.C. § 260   Cited 1,811 times   11 Legal Analyses
    Granting district courts the discretion to decline to award liquidated damages when good faith is shown

  16. Section 1 to 1j - Repealed

    42 U.S.C. §§ 1 to 1j   Cited 68 times   1 Legal Analyses

    42 U.S.C. §§ 1 to 1j July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714 Section 1, acts July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided that Public Health and Marine Hospital Service should be known as the Public Health Service. See section 202 of this title. Section 1a, act Nov. 11, 1943, ch. 298, §1, 57 Stat. 587, provided for organization and function of Public Health Service. See section 203 of this title. Section 1b, act Nov. 11, 1943, ch. 298

  17. Section 541.200 - [Effective until 7/1/2024] General rule for administrative employees

    29 C.F.R. § 541.200   Cited 898 times   92 Legal Analyses
    Providing that the administrative exemption can also apply if the employee’s primary duty is directly related to the management or general business operations of the employer’s customers