· 6/2/2005
Terry J. Kennedy v. Commonwealth Edison Co.
Citations
- 410 F.3d 365
- 10 Wage & Hour Cas.2d (BNA) 1078
- 2005 U.S. App. LEXIS 10046
- 2005 WL 1324835
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Identifying a few random, isolated, and negligible deductions is not enough to show an actual practice or policy of treating as hourly the theoretically salaried.”
- explaining that the 2004 regulations do not apply retroactively
- affirming finding that an employee was exempt where the employer paid same amount of money but deducted personal leave time when an employee chose to take an “unpaid” day off
- “the employer may take -advantage of the regulation only if it objectively intended to pay its employees on a salary basis”
- “Since the plaintiffs’ [Fair Labor Standards Act] claims fail, their related state law claims under [the Illinois Minimum Wage Law] must fail as well.”
- “It is the 6 No. 2021AP538 employer’s burden to establish that an employee is exempt from the FLSA’s overtime requirements.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Ripple, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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