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· 3/24/2006

Fernandez, Esther v. CenterPlate NBSE

Citations

  • 441 F.3d 1006
  • 370 U.S. App. D.C. 201
  • 2006 WL 736208

How courts have described this case

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

  • holding that whether a defendant is an employer as defined by the FLSA does not implicate subject-matter jurisdiction
  • holding that whether a defendant is an employer as defined by the FLSA does not implicate subject-matter jurisdiction
  • applying Arbaugh and holding that whether plaintiff was paid overtime for hours worked in excess of 40 per week was not a jurisdictional limitation under the Fair Labor Standards Act
  • “While the merits of Fernandez’s FLSA claim, turn on whether she was paid for hours worked in excess of forty per week, nothing in the FLSA suggests that a failure to prove this particular element of her cause of action requires a dismissal for lack of jurisdiction.”
  • “While the merits of Fernandez’s FLSA claim turn on whether she was paid for hours worked in excess of forty per week, nothing in the FLSA suggests that a failure to prove this particular element of her cause of action requires a dismissal for lack of jurisdiction.”
  • applying Arbaugh to the Fair Labor Standards Act

Source: CourtListener parenthetical corpus (CC0).

Judges: Sentelle, Henderson, Griffith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.