Smith's Van & Transport Co., Inc.

12 Cited authorities

Rutherford Food Corp. v. McComb
331 U.S. 722 (1947) Cited 863 times 24 Legal Analyses
Holding the FLSA contains "no definition that solves problems as to the limits of the employer-employee relationship under the Act"
Board v. Hearst Publications
322 U.S. 111 (1944) Cited 791 times 8 Legal Analyses
Determining whether newsboys were independent contractors or employees under the National Labor Relations Act ("NLRA")
United States v. Silk
331 U.S. 704 (1947) Cited 541 times 17 Legal Analyses
Holding that truck drivers who owned their own trucks and hired their own helpers were "small businessmen" who were properly classified as independent contractors
J.I. Case Co. v. Labor Board
321 U.S. 332 (1944) Cited 457 times 3 Legal Analyses
Holding that the result of a collective bargaining agreement is not "a contract of employment except in rare cases; no one has a job by reason of it and no obligation to any individual ordinarily comes into existence from it alone"
Medo Photo Supply Corp. v. Nat'l Labor Relations Bd.
321 U.S. 678 (1944) Cited 269 times 1 Legal Analyses
Holding that offers of benefits to union supporters that induce them to leave the union violate § 8
Teamsters Union v. Oliver
358 U.S. 283 (1959) Cited 166 times 1 Legal Analyses
In Teamsters v. Oliver, 358 U.S. 283 (1959), we held that a state antitrust law could not be used to challenge an employer-union agreement. Justice White's opinion in Jewel Tea explains, however, that Oliver held only that "[a]s the agreement did not embody a `"remote and indirect approach to the subject of wages'... but a direct frontal attack upon a problem thought to threaten the maintenance of the basic wage structure established by the collective bargaining contract,' [358 U.S.], at 294, the paramount federal policy of encouraging collective bargaining proscribed application of the state law.
Mitchell v. Tribune Company
342 U.S. 919 (1952) Cited 90 times
Employing the "target area" approach
Williams v. United States
126 F.2d 129 (7th Cir. 1942) Cited 45 times
In Williams v. United States, 7 Cir., 126 F.2d 129, 132 this Court pointed out that there is a "considerable contrariety of opinion" as to the elements in the common law test.
National Labor Rel. Board v. Nu-Car Carriers
189 F.2d 756 (3d Cir. 1951) Cited 26 times
In N.L.R.B. v. Nu-Car Carriers, Inc., 189 F.2d 756 (3rd Cir. 1951), cert. den., 342 U.S. 919, 72 S.Ct. 367, 96 L.Ed. 687 (1952), workers who leased tractors from a corporation were held to be employees, on the grounds that express contractual provisions placing the workers under the direction and supervision of the corporation were enforced by supervisors who checked up on the quality of their driving, discharged, and at times assigned routes to the workers.
United States v. Mutual Trucking Co.
141 F.2d 655 (6th Cir. 1944) Cited 31 times
In United States v. Mutual Trucking Co., 6 Cir., 141 F.2d 655, the company contracted with certain owner-operators of trucks to do hauling for it in interstate commerce.

Smith's Van & Transport Co., Inc.

12 Cited authorities

Holding the FLSA contains "no definition that solves problems as to the limits of the employer-employee relationship under the Act"

Determining whether newsboys were independent contractors or employees under the National Labor Relations Act ("NLRA")

Holding that truck drivers who owned their own trucks and hired their own helpers were "small businessmen" who were properly classified as independent contractors

Holding that the result of a collective bargaining agreement is not "a contract of employment except in rare cases; no one has a job by reason of it and no obligation to any individual ordinarily comes into existence from it alone"

Holding that offers of benefits to union supporters that induce them to leave the union violate § 8

Employing the "target area" approach

In Williams v. United States, 7 Cir., 126 F.2d 129, 132 this Court pointed out that there is a "considerable contrariety of opinion" as to the elements in the common law test.

In United States v. Mutual Trucking Co., 6 Cir., 141 F.2d 655, the company contracted with certain owner-operators of trucks to do hauling for it in interstate commerce.