27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 261,602 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 274,949 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Christensen v. Harris County
529 U.S. 576 (2000) Cited 1,905 times 19 Legal Analyses
Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"
Davis v. Abington Mem'l Hosp.
765 F.3d 236 (3d Cir. 2014) Cited 826 times 3 Legal Analyses
Holding "a plaintiff's claim that she ‘typically’ worked forty hours per week, worked extra hours during such a forty-hour week, and was not compensated for extra hours beyond forty hours he or she worked during one or more of those forty-hour weeks, would suffice" to state an FLSA claim
Hill v. White
321 F.3d 1334 (11th Cir. 2003) Cited 866 times 1 Legal Analyses
Holding that "[w]e review de novo the district court's grant of a motion to dismiss under 12(b) for failure to state a claim"
Financial Sec. v. Stephens, Inc.
500 F.3d 1276 (11th Cir. 2007) Cited 631 times
Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"
Barron v. Reich
13 F.3d 1370 (9th Cir. 1994) Cited 979 times
Holding that a statute's use of the word "may," unlike the word "shall," generally confers discretion on the agency
Fast v. Applebee's Intern. Inc.
638 F.3d 872 (8th Cir. 2011) Cited 143 times 17 Legal Analyses
Holding that its decision was not determining whether the duties alleged were tipped or non-tipped duties, just that the FOH interpretation of the FLSA governed the case
Adair v. City of Kirkland
185 F.3d 1055 (9th Cir. 1999) Cited 110 times
Holding that a district court did not err in applying a similar approach
Pellon v. Business Representation International
528 F. Supp. 2d 1306 (S.D. Fla. 2007) Cited 57 times 5 Legal Analyses
Finding that it would "defy logic to require the display of inadequate information regarding the minimum wage and employer tip credit" and therefore that "a prominently displayed poster using language approved by the Department of Labor to explain 29 U.S.C. § 203(m) is sufficient notice"
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 355,868 times 945 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,996 times 101 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Section 203 - Definitions
29 U.S.C. § 203 Cited 6,937 times 280 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,842 times 77 Legal Analyses
Adopting the definition set out in the APA
Section 204 - Administration
29 U.S.C. § 204 Cited 116 times 1 Legal Analyses
Providing that, with some exceptions, "the Director of the Office of Personnel Management is authorized to administer the provisions of this chapter with respect to any individual employed by the United States"
Section 776.4 - Workweek standard
29 C.F.R. § 776.4 Cited 41 times
(a) The workweek is to be taken as the standard in determining the applicability of the Act. Thus, if in any workweek an employee is engaged in both covered and noncovered work he is entitled to both the wage and hours benefits of the Act for all the time worked in that week, unless exempted therefrom by some specific provision of the Act. The proportion of his time spent by the employee in each type of work is not material. If he spends any part of the workweek in covered work he will be considered

Thomas et al v. Bayou Fox, Inc. (Joint Assign)

27 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

Holding "a plaintiff's claim that she ‘typically’ worked forty hours per week, worked extra hours during such a forty-hour week, and was not compensated for extra hours beyond forty hours he or she worked during one or more of those forty-hour weeks, would suffice" to state an FLSA claim

Holding that "[w]e review de novo the district court's grant of a motion to dismiss under 12(b) for failure to state a claim"

Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"

Holding that a statute's use of the word "may," unlike the word "shall," generally confers discretion on the agency

Holding that its decision was not determining whether the duties alleged were tipped or non-tipped duties, just that the FOH interpretation of the FLSA governed the case

Holding that a district court did not err in applying a similar approach

Finding that it would "defy logic to require the display of inadequate information regarding the minimum wage and employer tip credit" and therefore that "a prominently displayed poster using language approved by the Department of Labor to explain 29 U.S.C. § 203(m) is sufficient notice"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

Adopting the definition set out in the APA

Providing that, with some exceptions, "the Director of the Office of Personnel Management is authorized to administer the provisions of this chapter with respect to any individual employed by the United States"