42 Cited authorities

Hoffmann-La Roche Inc. v. Sperling
493 U.S. 165 (1989) Cited 3,026 times 19 Legal Analyses
Holding that district courts have discretion to implement § 216(b)
Mooney v. Aramco Servs. Co.
54 F.3d 1207 (5th Cir. 1995) Cited 1,271 times 1 Legal Analyses
Holding that "to show relevancy, Trial Plaintiffs had to show that the proffered anecdotal witnesses were sufficiently similar to themselves so that the witnesses' testimony would have a tendency to show `standard [discriminatory] operating procedure' and a `regular rather than unusual practice' of discrimination."
Thiessen v. Gen. Elec. Capital Corp.
267 F.3d 1095 (10th Cir. 2001) Cited 1,004 times 2 Legal Analyses
Holding as long as the EEOC and the company are aware of the nature and scope of the allegations, the purposes behind the administrative filing requirement are satisfied and no injustice or contravention of congressional intent occurs by allowing piggybacking
Walling v. Jacksonville Paper Co.
317 U.S. 564 (1943) Cited 590 times 7 Legal Analyses
Holding that goods ordered by a wholesaler based on anticipation of need, as opposed to "pursuant to a prior order, contract, or understanding," may no longer be traveling in interstate commerce when delivered to the wholesaler's in-state customers for purposes of the Fair Labor Standards Act
Morisky v. Pub. Serv. Elec. & Gas Co.
111 F. Supp. 2d 493 (D.N.J. 2000) Cited 293 times 1 Legal Analyses
Finding that an exemption inquiry was "extremely individual and fact intensive," and deciding that "the individual nature of the inquiry required make collective treatment improper in this case"
Bilyou v. Dutchess Beer Distribs., Inc.
300 F.3d 217 (2d Cir. 2002) Cited 179 times 7 Legal Analyses
Holding that a beer distributor driver making intrastate deliveries was transporting goods in interstate commerce and was subject to the MCA exemption
Simo v. Union of Needletrades, Indus.
322 F.3d 602 (9th Cir. 2003) Cited 176 times 1 Legal Analyses
Holding that defendants were entitled to summary judgment on IIED claim for lack of severe emotional distress evidence, even though plaintiffs testified to feeling fearful, nervous, tense, and emotionally hurt
Baldwin v. Trailer Inns, Inc.
266 F.3d 1104 (9th Cir. 2001) Cited 180 times 2 Legal Analyses
Holding that employees qualified as exempt even though the employees spent ninety percent of their time on nonexempt tasks due to other relevant factors
Lusardi v. Xerox Corp.
975 F.2d 964 (3d Cir. 1992) Cited 220 times 3 Legal Analyses
Holding that "the named plaintiff has the requisite personal stake in class certification only if he has a live individual claim when the district court decides the class certification issue, or at the very least, he had a live claim when he filed for class certification . . ."
Realite v. Ark Restaurants Corp.
7 F. Supp. 2d 303 (S.D.N.Y. 1998) Cited 176 times
Holding that defendants' contention that its restaurants constituted separate entities raised a contested issue of fact, and was therefore not a basis for denying conditional class certification
Section 201 - Short title
29 U.S.C. § 201 Cited 21,017 times 104 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,458 times 141 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 213 - Exemptions
29 U.S.C. § 213 Cited 4,622 times 254 Legal Analyses
Exempting salaried employees from the FLSA's overtime pay requirement
Rule 408 - Compromise Offers and Negotiations
Fed. R. Evid. 408 Cited 4,282 times 46 Legal Analyses
Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)
Section 13102 - Definitions
49 U.S.C. § 13102 Cited 696 times 9 Legal Analyses
Defining "broker"
Section 13501 - General jurisdiction
49 U.S.C. § 13501 Cited 308 times 2 Legal Analyses
Granting the federal Surface Transportation Board jurisdiction over transportation between a place in a state and in another state or country
Section 1152 - Offers to compromise
Cal. Evid. Code § 1152 Cited 274 times 3 Legal Analyses
Providing "statements made in negotiation" of a compromise of a claim of loss are "inadmissible to prove his or her liability for the loss"
Section 541.1 - Terms used in regulations
29 C.F.R. § 541.1 Cited 432 times 6 Legal Analyses
Requiring that an exempt employee's work "includes the customary and regular direction of the work of two or more other employees"
Section 782.2 - Requirements for exemption in general
29 C.F.R. § 782.2 Cited 313 times 8 Legal Analyses
Noting that the determination must look to what an employee does in "the ordinary course of his work"
Section 541.500 - General rule for outside sales employees
29 C.F.R. § 541.500 Cited 239 times 35 Legal Analyses
Restricting the outside salesman exemption to employees "[w]hose primary duty is ... making sales"

Veliz et al v. Cintas Corporation et al

42 Cited authorities

Holding that district courts have discretion to implement § 216(b)

Holding as long as the EEOC and the company are aware of the nature and scope of the allegations, the purposes behind the administrative filing requirement are satisfied and no injustice or contravention of congressional intent occurs by allowing piggybacking

Holding that goods ordered by a wholesaler based on anticipation of need, as opposed to "pursuant to a prior order, contract, or understanding," may no longer be traveling in interstate commerce when delivered to the wholesaler's in-state customers for purposes of the Fair Labor Standards Act

Finding that an exemption inquiry was "extremely individual and fact intensive," and deciding that "the individual nature of the inquiry required make collective treatment improper in this case"

Holding that a beer distributor driver making intrastate deliveries was transporting goods in interstate commerce and was subject to the MCA exemption

Holding that defendants were entitled to summary judgment on IIED claim for lack of severe emotional distress evidence, even though plaintiffs testified to feeling fearful, nervous, tense, and emotionally hurt

Holding that employees qualified as exempt even though the employees spent ninety percent of their time on nonexempt tasks due to other relevant factors

Holding that "the named plaintiff has the requisite personal stake in class certification only if he has a live individual claim when the district court decides the class certification issue, or at the very least, he had a live claim when he filed for class certification . . ."

Holding that defendants' contention that its restaurants constituted separate entities raised a contested issue of fact, and was therefore not a basis for denying conditional class certification

Setting fourteen as the minimum age for most non-agricultural work

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Exempting salaried employees from the FLSA's overtime pay requirement

Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

Defining "broker"

Granting the federal Surface Transportation Board jurisdiction over transportation between a place in a state and in another state or country

Providing "statements made in negotiation" of a compromise of a claim of loss are "inadmissible to prove his or her liability for the loss"

Requiring that an exempt employee's work "includes the customary and regular direction of the work of two or more other employees"

Noting that the determination must look to what an employee does in "the ordinary course of his work"

Restricting the outside salesman exemption to employees "[w]hose primary duty is ... making sales"