Brian F. Monahan v. County Of Chesterfield, Virginia

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that where cross-motions for sum- mary judgment have been filed, the appellate court can direct the entry of judgment in favor of the appellant
• writing that the lower court \coined\ the term \overtime gap time\ to describe hours worked between 135-the amount paid-and 147-the overtime threshold-in a 24-day pay period where the employee worked more than 147 hours
• placing the burden of proof on the employer as to the clear understanding criterion
• examining opinions by the United States District Court for the District of Kansas, as well as Department of Labor regulations and an “unnumbered DOL Letter Ruling”
• “Logically, in pay periods without overtime, there can be no violation of section 207 which regulates overtime payment.”
• “[T]here is no cause of action under the FLSA for pure gap time when there is no evidence of a minimum wage or maximum hour violation by the employer.”

Source: CourtListener parenthetical corpus (CC0).