§Why CasetextPricing

Sondesky v. Cherry Scaffolding Inc. et al

MOTION for Partial Summary Judgment Pursuant to Rule 56, Federal Rules of Civil Procedure

10 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 239,217 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. Gray v. York Newspapers, Inc.

    957 F.2d 1070 (3d Cir. 1992)   Cited 864 times
    Holding seniority — or the length of time one has held a job — as a distinct factor from age

  3. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  4. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,232 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  5. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,650 times   230 Legal Analyses
    Establishing overtime rules

  6. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,958 times   101 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  7. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,823 times   77 Legal Analyses
    Adopting the definition set out in the APA

  8. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,661 times   256 Legal Analyses
    Exempting from provisions of the Fair Labor Standards Act "any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary)"

  9. Section 541.700 - Primary duty

    29 C.F.R. § 541.700   Cited 789 times   60 Legal Analyses
    Providing that determining an employee's "primary duty" requires analysis of "all the facts in a particular case," looking to the "principal, main, major or most important duty that the employee performs"

  10. Section 541.602 - Salary basis

    29 C.F.R. § 541.602   Cited 405 times   145 Legal Analyses
    Focusing on whether "the employee regularly receives" a "predetermined amount" each relevant pay period