III v. D R’s Empirical Analysis

Citation profile

2 district · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Generally, a plaintiff suing under the FLSA carries the burden of proving all elements of his or her claim. In a suit for the payment of overtime wages, the employer claiming that the suing employee is exempt from the overtime requirement has the burden of proving that the employee falls within the claimed exempted category.”

   2 later decisions quote this exact passage · from the majority
   e.g. Carmack v. Park Cities Healthcare, LLC · 397 F. Supp. 2d 1308 - Tripodi v. Microculture, Inc.

2. “[T]he employee’s salary must be large enough to ensure that her hourly rate never dips under the applicable minimum wage.... 29 C.F.R. § 778.114 (c). This condition exists if salary actually proves adequate to sustain an average hourly rate at least equal to the applicable minimum wage. See id. It also prevails if salary “is reasonably calculated to prove” an average hourly rate at least equal to the applicable minimum wage. Opinion Letter No. 945, [_ Wages-Hours Lab.L.Rep. (CCH) ¶ 30,-957 (Feb. 6, 1969) ] [hereinafter Opinion Letter No. 945]; see Opinion Letter No. 1010 [_Wages-Hours] Lab.L.Rep. (CCH) ¶ 30,557 (June 12, 1969) [hereinafter Opinion Letter No. 1010]. The latter situation relates to those infrequent occasions when unforeseen events cause the employee to work so many hours that her salary fails to support an hour rate at least equal to the applicable minimum wage. See Opinion Letter No. .945; see also Opinion Letter No. 1010. In such a circumstance, the employer must give the employee (1) an additional amount sufficient to generate an average hourly rate equal to the applicable minimum wage when that amount is added to salary and the result is divided by the number of hours worked and (2) the difference between the amount of overtime compensation yielded under the fluctuating workweek method when the product of the applicable minimum wage and the number of hours worked serves as the salary figure and the amount of overtime compensation actually paid. See Opinion ”

   1 later decision quote this exact passage · from the majority
   e.g. Gomez v. Crescent Services, LLC

3. “(1) the employee’s hours must fluctuate from week to week; (2) the employee must receive a fixed salary that remains the same regardless of the number of hours worked per week; (3) the fixed salary must be sufficient to provide compensation at a regular rate not less than the legal minimum wage; (4) the employee must receive at least 50 percent of his regular hourly pay for all overtime hours worked; and (5) the employer and the employee must have a clear mutual understanding that the employee will be paid under the fluctuating workweek method.”

   1 later decision quote this exact passage · from the majority
   e.g. 969 F. Supp. 2d 1008 - Caraballo v. City of Chicago