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In the Matter of Yoga Vida NYC, Inc., Appellant. Commissioner of Labor, Respondent.

Brief

80 Cited authorities

  1. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,470 times   44 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  2. Goldberg v. Whitaker House Coop

    366 U.S. 28 (1961)   Cited 699 times   6 Legal Analyses
    Holding that the test of employment under the FLSA is the economic reality test

  3. Cron v. Hargro Fabrics, Inc.

    91 N.Y.2d 362 (N.Y. 1998)   Cited 724 times
    Finding that the statute of frauds does not apply when compensation could be earned and fixed within a year.

  4. Rutherford Food Corp. v. McComb

    331 U.S. 722 (1947)   Cited 849 times   23 Legal Analyses
    Holding the FLSA contains "no definition that solves problems as to the limits of the employer-employee relationship under the Act"

  5. United States v. Silk

    331 U.S. 704 (1947)   Cited 531 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

  6. Brock v. Superior Care, Inc.

    840 F.2d 1054 (2d Cir. 1988)   Cited 494 times   4 Legal Analyses
    Holding that health care agency was employer of nurses whom it referred for various placements

  7. Schultz v. Capital Intern. Sec., Inc.

    466 F.3d 298 (4th Cir. 2006)   Cited 247 times   1 Legal Analyses
    Holding that a Saudi prince jointly employed the person who guarded him, along with the security firm that employed and provided the guard

  8. Bynog v. Cipriani Grp., Inc.

    1 N.Y.3d 193 (N.Y. 2003)   Cited 255 times   1 Legal Analyses
    Finding waiters as independent contractors when waiters worked at their own discretion, worked for competitors, and received limited instructions

  9. Empire Assn

    2010 N.Y. Slip Op. 7576 (N.Y. 2010)   Cited 194 times   1 Legal Analyses

    NO. 160. Argued September 15, 2010. Decided October 26, 2010. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered May 14, 2009. The Appellate Division affirmed a decision of the Unemployment Insurance Appeal Board which had affirmed a decision of an administrative law judge sustaining the Commissioner of Labor's determination that Peter O'Connell was an employee of Empire State Towing and Recovery Association

  10. Matter of Field Delivery Serv

    66 N.Y.2d 516 (N.Y. 1985)   Cited 378 times
    Stating that agency decision "which neither adheres to its own prior precedent nor indicates its reason for reaching a different result on essentially the same facts is arbitrary and capricious"

  11. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,314 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  12. Section 201 - Short title

    29 U.S.C. § 201   Cited 20,915 times   102 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,188 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  14. Section 190 - Definitions

    N.Y. Lab. Law § 190   Cited 954 times   7 Legal Analyses
    Defining "wages" as "earnings for labor or services rendered"

  15. Section 6 - Pennsylvania boundary line

    N.Y. State Law § 6   Cited 3 times

    The boundary line between the states of New York and Pennsylvania is as follows: Commencing at said intersection of said meridian line of cession, and running thence south to the shore of Lake Erie at initial monument set by A. Ellicott in 1790 as above; thence true south 440 feet to a large monument of Quincy granite, set in 1869, in latitude 42º 16' 5.39", and longitude 79º 45' 45.26", as deduced by the United States lake survey, marked 1869, latitude 42º 15' 57.9", longitude 79º 45' 54.4", by