· 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 CourtListenerSourced 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.