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· 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

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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.