· 4/2/1940
Protests 760305-G of Delapenha
Citations
- 4 Cust. Ct. 434
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that plaintiff was “entitled to the reimbursement of the portion of her tips the Restaurant improperly required her to share with the chef”
- acknowledging that “[t]o the extent the federal and state statutes now provide for essentially identical remedies with respect to liquidated damages, it is harder to argue that they are designed to compensate a plaintiff for disparate harms”
- calculating overtime damages at 50 percent of regular rate, per hour worked in excess of 40
- refusing to infer the required connection to interstate commerce simply because a restaurant has sales exceeding $500,000
- calculating unpaid minimum wages by dividing monthly rate by monthly hours of work performed
- “[I]t remains the plaintiffs burden to demonstrate that those uncontroverted allegations, without more, establish the defendant’s liability on each asserted cause of action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Keefe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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