Driver v. AppleIllinois, LLC’s Empirical Analysis
2010
Citation profile
1 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 203 · 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on Skidmore v. Swift & Co. · Amchem Products, Inc. v. Windsor · Eisen v. Carlisle & Jacquelin · Arnold v. Ben Kanowsky, Inc. · De La Fuente v. Stokely-Van Camp, Inc.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 3(m) of FLSA makes clear the intent of Congress to place on the employer the burden of proving the amount of tips received by “tipped employees”, and the amount of tip credit, if any, which the employer may claim. Since Sec 3(m) is not an exemption from the MW [minimum wage], but merely allows the employer to claim up to 40 percent of the MW as tip credit, the employer is responsible for ascertaining that the MW provisions are complied with in compensating “tipped employees.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.