42 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. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 218,869 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. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 114,430 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  4. McLaughlin v. Richland Shoe Co.

    486 U.S. 128 (1988)   Cited 1,982 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. Icicle Seafoods, Inc. v. Worthington

    475 U.S. 709 (1986)   Cited 483 times
    Holding that a court of appeals "should not simply have made factual findings on its own"
  6. Western World Ins. Co. v. Stack Oil, Inc.

    922 F.2d 118 (2d Cir. 1990)   Cited 870 times
    Holding that a fact admitted by the defendant in its amended answer was thereby conclusively established against the defendant
  7. Amnesty America v. Town of West Hartford

    288 F.3d 467 (2d Cir. 2002)   Cited 354 times
    Holding that Federal Rule of Civil Procedure 56 does not require the Court "to perform an independent review of the record to find proof of a factual dispute"
  8. Ramos v. Baldor Specialty Foods, Inc.

    687 F.3d 554 (2d Cir. 2012)   Cited 205 times
    Holding that a group of warehouse "captains" in an employer's warehouse fell within the scope of the executive exemption even though the captains only exercised supervisory responsibility over teams of warehouse "pickers," which the Court determined to be customarily recognized departments of the employer
  9. Reich v. John Alden Life Ins. Co.

    126 F.3d 1 (1st Cir. 1997)   Cited 298 times   13 Legal Analyses
    Holding that "representing the company" qualified as administrative work
  10. Young v. Cooper Cameron Corp.

    586 F.3d 201 (2d Cir. 2009)   Cited 193 times   3 Legal Analyses
    Holding that an FLSA plaintiff's "entitlement to fees and costs extends to [an] appeal"
  11. 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
  12. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,441 times   49 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"
  13. 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)"
  14. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,603 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful
  15. Section 541.100 - General rule for executive employees

    29 C.F.R. § 541.100   Cited 858 times   53 Legal Analyses
    Requiring payment "on a salary basis at a rate of not less than $455 per week"
  16. Section 541.201 - Directly related to management or general business operations

    29 C.F.R. § 541.201   Cited 486 times   74 Legal Analyses
    Listing examples of the functional areas related to "management or general business operations"
  17. Section 541.202 - Discretion and independent judgment

    29 C.F.R. § 541.202   Cited 458 times   57 Legal Analyses
    Regarding review by supervisors
  18. Section 541.701 - Customarily and regularly

    29 C.F.R. § 541.701   Cited 138 times   14 Legal Analyses

    The phrase "customarily and regularly" means a frequency that must be greater than occasional but which, of course, may be less than constant. Tasks or work performed "customarily and regularly" includes work normally and recurrently performed every workweek; it does not include isolated or one-time tasks. 29 C.F.R. §541.701

  19. Section 142-2.14 - Employee

    N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 142-2.14   Cited 92 times   2 Legal Analyses
    Describing the elements of the administrative and executive exemptions to New York Labor Law