Manual Lowes Oil and Gas Law in a Nutshell, 5th Edition

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See Pl. The Plaintiffs argue that the relevant considerations include whether Burrows had the power to fire employees, whether she was in a supervisory position in charge of FMLA matters, whether she had the power to change FMLA leave to unpaid leave, whether she determined eligibility for medical leave, and whether she maintained FMLA records. Saavedra because of alleged FMLA violations, and that she had the power to demand corrected documents before allowing L.

Saavedra to return to work. Given these allegations, the Plaintiffs contend that Burrows was an employer under the statutory definition.

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Rule 12 b 1 empowers a court to dismiss a complaint for "lack of jurisdiction over the subject matter. The party invoking federal jurisdiction bears the burden of establishing its existence.

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See Basso v. The Tenth Circuit has held that motions to dismiss for lack of subject matter jurisdiction "generally take one of two forms: 1 a facial attack on the sufficiency of the complaint's allegations as to subject matter jurisdiction; or 2 a challenge to the actual facts upon which subject matter jurisdiction is based.

McDonnell, F. These two forms of attack differ. Alto Eldorado Partners v. City of Santa Fe, No. Williamson v.

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Tucker, F. First Fed. Rule 12 b 6 allows a court to dismiss a complaint for failure to state a claim upon which it can grant relief. Under rule 12 b 6 , a motion to dismiss "admits all well-pleaded facts in the complaint as distinguished from conclusory allegations. King, F. Hopper, F. When ruling on a motion to dismiss, the court must accept as true well-pleaded factual allegations, but also consider whether "they plausibly give rise to an entitlement to relief. Orman, Fed.

It is not the court's role to weigh potential evidence that the parties might present a trial, but rather to determine whether the plaintiff's complaint states a legally sufficient claim upon which the court can grant relief. See Sutton v. Utah State Sch.

A court may not grant the motion because it believes it is unlikely the plaintiff can prove the allegations. See Robbins v. Oklahoma, F. A complaint challenged by a rule 12 b 6 motion to dismiss does not require detailed factual allegations, but a plaintiff's obligation to set forth the grounds of his or her entitlement to relief "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Twombly, U. A complaint does not "suffice if it tenders naked assertions devoid of further factual enhancement.

Iqbal, S. See Bixler v. Foster, F. Schneider, F. The court is not required to accept the conclusions of law or asserted application of law to the alleged facts. See Hackford v. Babbitt, 14 F. Ideal Nat'l Ins. Nor is the court required to accept as true legal conclusions that are presented as factual allegations. See Brooks v. Sauceda, 85 F. Allain, U. The FMLA entitles private and government employees to a total of twelve administrative weeks of leave during any twelve-month period under certain specified circumstances, including instances where a serious health condition makes an employee unable to perform the functions of the employee's position.

See 29 U. The FMLA also ensures that those who take such leave will be restored to their former position or an equivalent one upon returning to work. Colorado Dep't of Institutions, F. The FMLA defines "employer" as including "any person who acts, directly or indirectly, in the interest of the employer to any of the employees of such employer.

The FLSA defines "employer" as including "any person acting directly or indirectly in the interest of an employer in relation to an employee. United States v. Quarrell, F. See Meara v.

lowes oil and gas law in a nutshell 5th edition Manual

Bennett, 27 F. The Tenth Circuit has yet to decide whether there is individual liability under the FMLA; however, a majority of courts that have confronted the issue have found that individuals may be held liable as "employers" under the statute. Mitchell v. Chapman, F. Bratch, F.

Carver, F. See Mitchell v. See also Metro. Life Ins. Taylor, U. See Johnson v. Unified Gov't of Wyandotte County, F. Inter-Chem Coal Co. In Johnson v. The Tenth Circuit also discussed five factors relevant to whether an individual meets the definition of "employee" under the FLSA. Elias, F. In Henderson v. Henderson v. See Pinkard v. Lozano, No. Utah Apr. Regis Corp.

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Utah July 10, finding no individual liability for complainant's supervisor who had no corporate responsibilities ; Williamson v. Deluxe Fin. Drug Stores, Inc. See Jordan v. Postal Service, F. Potter, F. Richland Shoe Co.

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Nationwide Mutual Ins. Darden, U. McComb, U. Brennan, U. Carter v. Dutchess Cmty. In determining whether an employment relationship exists, for the purposes of federal welfare legislation, courts consider employ an "economic reality" test. See Tony and Susan Alamo Found.

Explaining the Gas Laws in Chemistry - Volume, Temperature, Pressure, Easy

Sec'y of Labor, U. Courts consider all of the circumstances of the employment relationship, rather than its "technical concepts," to determine whether an employee is subject to the terms of the legislation. See U. See also Dole v.