Overnight Motor Transportation Co. v. Missel’s Empirical Analysis

Citation profile

663 federal appellate · 229 district · 240 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 1,935 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Except as otherwise provided in this section, no employer shall employ any of his employees who is engaged in commerce or in the production of goods for commerce for a workweek longer than forty hours, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

   20 later decisions quote this exact passage · from the majority
   e.g. McLeod v. Threlkeld · United States v. Rosenwasser

2. “[a]n employer who violates the provisions of section 206 or section 207 ... shall be liable to the employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation ... and in an additional amount as liquidated damages.”

   19 later decisions quote this exact passage · from the majority
   e.g. Levinson v. Spector Motor Service · Dacar v. Saybolt, L.P.

3. ““Closely akin is a bonus which is paid for performing work in loss than an established standard time and also a bonus which is paid when certain types of merchandise are sold through an employee’s efforts. Other kinds of bonuses falling within this group are bonuses distributed in a certain amount or on the basis of a fixed percentage of the profits of the employer or of his gross or net income. There are many variations and refinements of plans within this category. For example, the amount of the payment may vary according to the length of service of the employee; his production or compensation; the earnings, production or compensation of the group of employees with which he works; the sales or net or gross income of the employer; or it may be contingent upon his continuing in the employ of the employer until the time the payment is to be made. “Bonus payments of this type will be considered a part of the regular rate at which an employee is employed, and must be included in computing his regular hourly rate of pay and overtime compensation. “Many employers have been troubled by retroactive allocation of a ‘bonus’ where it was distributed less frequently than at the regular pay periods. This difficulty can easily be avoided. No additional overtime compensation need Re computed by taking a predetermined percentage of the total earnings of the individual employees (both straight time and overtime), exclusive of the ‘bonus.’ Where the amount paid to each employee is actually ba”

   13 later decisions quote this exact passage · from the majority
   e.g. Fakouri v. Pizza Hut of America, Inc. · Siomkin v. Fairchild Camera & Instrument Corp.