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United States Department of Labor v. Velocity Express, Inc

Reply to Defendants' Response to Motion for Summary Judgment

30 Cited authorities

  1. Garcia v. San Antonio Metro. Transit Auth

    469 U.S. 528 (1985)   Cited 988 times   5 Legal Analyses
    Holding that local governments are not constitutionally immune from federal employment laws, and overruling National League of Cities v. Usery , 426 U.S. 833, 96 S.Ct. 2465, 49 L.Ed.2d 245, after "eight years" of experience under that regime showed Usery ’s standard was unworkable and, in practice, undermined the federalism principles the decision sought to protect

  2. Herman v. RSR Sec. Servs. Ltd.

    172 F.3d 132 (2d Cir. 1999)   Cited 1,114 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

  3. Rutherford Food Corp. v. McComb

    331 U.S. 722 (1947)   Cited 866 times   24 Legal Analyses
    Holding the FLSA contains "no definition that solves problems as to the limits of the employer-employee relationship under the Act"

  4. Perez v. Sanfor-Orlando Kennel Club

    515 F.3d 1150 (11th Cir. 2008)   Cited 317 times
    Holding that for FLSA purposes, good faith and willfulness are "mutually exclusive"

  5. Hale v. Arizona

    993 F.2d 1387 (9th Cir. 1993)   Cited 481 times   1 Legal Analyses
    Holding prisoners in work program are not entitled to minimum wage under the Fair Labor Standards Act

  6. Dole v. Elliott Travel & Tours, Inc.

    942 F.2d 962 (6th Cir. 1991)   Cited 493 times
    Holding individual liable where “the evidence clearly demonstrates that [individual] was the ‘top man’ ... and the corporation functioned for his profit”

  7. Lambert v. Ackerley

    180 F.3d 997 (9th Cir. 1998)   Cited 359 times   4 Legal Analyses
    Holding that section 215 protections “extend to employees who complain to their employer”

  8. Bonnette v. Calif. Health and Welfare Agency

    704 F.2d 1465 (9th Cir. 1983)   Cited 543 times   28 Legal Analyses
    Holding that state and county agencies were employers of in-home chore workers who alleged violations of minimum wage provisions

  9. Boucher v. Shaw

    572 F.3d 1087 (9th Cir. 2009)   Cited 208 times   4 Legal Analyses
    Holding that an employer's individual managers were personally liable under the FLSA for unpaid wages, pursuant to an "economic control" test

  10. Donovan v. Agnew

    712 F.2d 1509 (1st Cir. 1983)   Cited 434 times   1 Legal Analyses
    Holding salaried employees not entitled to minimum wages despite failure of employer to pay their contractual wages during last two weeks of company's operation

  11. 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 361,853 times   961 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,251 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 51,752 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  14. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,504 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work