Legal Opinion

Martinez v. Petrenko

Court of Appeals for the First Circuit

Decided July 6, 2015No. 14-2112PublishedCited by 117 opinions

1Opinion of the Court

KAYATTA, Circuit Judge.

To maintain a private action under the Fair Labor Standards Act (“FLSA” or “the Act”) for a failure to pay for overtime at the mandated rate, an employee must prove a nexus to interstate commerce sufficient to trigger coverage under the Act. The employee can prove this nexus by showing that the employee engaged in commerce for the employer within the meaning of the Act, or by showing that the employer has other employees who engaged in commerce within the meaning of the Act and that the employer also gener ated annual gross sales of not less than $500,000. In filing…

2Cases cited18 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Trans-Spec Truck Service, Inc. v. Caterpillar Inc.Court of Appeals for the First Circuit · 2008
  3. Ruiz Rivera v. PEIZER PHARMACEUTICALS, LLCCourt of Appeals for the First Circuit · 2008
  4. Calvi v. Knox CountyCourt of Appeals for the First Circuit · 2006
  5. Manning v. Boston Medical Center Corp.Court of Appeals for the First Circuit · 2013

13 more not listed; retrieve them via the Exa API.

3Cited by117 opinions

  1. Miranda-Rivera v. Toledo-DavilaCourt of Appeals for the First Circuit · 2016
  2. Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharm., Inc. (In Re Celexa & Lexapro Mktg. & Sales Practices Litig.)Court of Appeals for the First Circuit · 2019
  3. Mays v. Midnite Dreams, Inc.Nebraska Supreme Court · 2018
  4. Snyder v. ColluraCourt of Appeals for the First Circuit · 2016
  5. Dewitt v. StewartCourt of Appeals for the First Circuit · 2020

112 more not listed; retrieve them via the Exa API.

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