Quimbee logo
DMCA.com Protection Status

Marshall v. Sam Dell's Dodge Corp.

451 F. Supp. 294 (1978)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Marshall v. Sam Dell’s Dodge Corp.

United States District Court for the Northern District of New York

451 F. Supp. 294 (1978)

Facts

Ray Marshall (plaintiff), United States secretary of labor, brought an action under the Fair Labor Standards Act (FLSA) against Sam Dell’s Dodge Corporation (Dell) (defendant), an automobile dealership, alleging that Dell violated the overtime requirements of the FLSA with respect to 117 salespeople. During the time relevant to the litigation, the minimum wage ranged from $1.60 to $2.65 per hour. Dell paid its sales staff under an evolving set of plans. Generally, however, each salesperson received base pay of $56 per week plus various commissions and bonuses. Dell also furnished many of the salespeople with demonstrator vehicles, or demos. The salespeople were permitted to drive the demos for personal use; however, Dell told them that the demos were not for their families, and the employees primarily used the cars in connection with their job duties. Although one of the changes to Dell’s compensation plans indicated that the value of the use of the demo vehicles would be reported to the Internal Revenue Service on a Form 1099, it did not appear that Dell ever did so, and Dell’s payroll records did not account for the demos. Dell’s timekeeping records grossly understated the number of hours the sales staff worked. The salespeople actually worked an average of at least 55 hours per week, but Dell required them to sign time slips purporting to show that they were working 36 hours per week. All the salespeople had weeks in which they received only the $56 weekly base pay and no commissions or bonuses. During those weeks, the salespeople were paid less than the minimum wage.

Rule of Law

Issue

Holding and Reasoning (Port, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 606,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 606,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 606,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership