Legal Opinion
Nicholson v. World Business Network, Inc.
Court of Appeals for the Eleventh Circuit
Decided February 18, 1997No. 95-9575PublishedCited by 34 opinions
1Opinion of the Court
CUDAHY, Senior Circuit Judge.
If an employer fails to pay managerial employees the salary owed them, can the employees not only assert breach of contract but also invoke federal labor law? Charles Nicholson and John Smith, the plaintiff-appellants, argue that they can.
Employees with the kind of jobs that Nicholson and Smith had cannot generally look to the Fair Labor Standards Act (FLSA) for protection, for the FLSA does not apply to “administrative employees” — a category that includes lower-than-top tier managerial staff. The district court concluded on summary judgment that Smith was an…
2Cases cited8 opinions
- A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
- Roland Electrical Co. v. WallingSupreme Court of the United States · 1946
- William H. Grant v. Preferred Research, Inc., a Georgia CorporationCourt of Appeals for the Eleventh Circuit · 1989
- Avery v. City of TalladegaCourt of Appeals for the Eleventh Circuit · 1994
- Robert B. Reich v. John C. Davis, Individually D/B/A John C. Davis, P.A.Court of Appeals for the Eleventh Circuit · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Morgan v. Family Dollar Stores, Inc.Court of Appeals for the Eleventh Circuit · 2008
- John Orton v. Johnny's Lunch Franchise, LLCCourt of Appeals for the Sixth Circuit · 2012
- Evans v. McClain of Georgia, Inc.Court of Appeals for the Eleventh Circuit · 1997
- Todd Pioch v. IBEX Engineering Services, Inc.Court of Appeals for the Eleventh Circuit · 2016
- Torrico v. International Business MacHines Corp.District Court, S.D. New York · 2002
29 more not listed; retrieve them via the Exa API.