From Casetext: Smarter Legal Research

Com. v. Stuber

Supreme Court of Pennsylvania, Western District
Oct 20, 2004
580 Pa. 66 (Pa. 2004)

Summary

applying "federal case law" regarding the FLSA to a PMWA claim

Summary of this case from Baum v. Astrazeneca LP

Opinion

[J-137-2004].

Argued: September 20, 2004.

Decided: October 20, 2004.

Appeal No. 12 WAP 2004 from the Order of the Commonwealth Court entered May 2, 2003 at No. 1099CD2002, affirming the Order of the Court of Common Pleas of Clearfield County entered April 2, 2002 at No. 2000-1392-CD, Fredric J. Ammerman, President Judge.

F. Cortez Bell, III, Esq., Clearfield, for Wayne Stuber, individually and d/b/a C-Wayne Fixtures.

Kathryn J. McDermott, Esq., Harrisburg, for Bureau of Labor Law Compliance.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


ORDER


AND NOW, this 20th day of October, 2004, the order of the Commonwealth Court is hereby AFFIRMED, on the basis of the Commonwealth Court opinion, Commonwealth of Pennsylvania, Bureau of Labor Law Compliance v. Wayne Stuber, 822 A.2d 870 (Pa.Cmwlth. 2003).


Summaries of

Com. v. Stuber

Supreme Court of Pennsylvania, Western District
Oct 20, 2004
580 Pa. 66 (Pa. 2004)

applying "federal case law" regarding the FLSA to a PMWA claim

Summary of this case from Baum v. Astrazeneca LP

applying "federal case law" regarding the FLSA to a PMWA claim

Summary of this case from Casorio-Sahin v. Pat's Select Pizza & Grill LLC

describing the "economic realities" test used to determine whether an employer-employee relationship exists

Summary of this case from Soles v. Zartman Constr., Inc.

stating that deference is given federal interpretation of federal statute when state statute substantially parallels federal statute

Summary of this case from Bayada Nurses v. Com., Dept. of Labor
Case details for

Com. v. Stuber

Case Details

Full title:COMMONWEALTH of Pennsylvania, Department of Labor and Industry, Bureau of…

Court:Supreme Court of Pennsylvania, Western District

Date published: Oct 20, 2004

Citations

580 Pa. 66 (Pa. 2004)
859 A.2d 1253

Citing Cases

Williams v. Sweet Home Healthcare, LLC

Because the PMWA parallels the FLSA in many aspects, PMWA overtime claims are analyzed under the same…

Verma v. 3001 Castor, Inc.

Pa. Dep’t of Labor & Indus. v. Stuber , ––– Pa.Cmwlth. ––––, 822 A.2d 870, 873 (2003), aff’d sub nom.…