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In the Matter of Walter E. Carver, Respondent,v.State of New York, et al., Appellants.

Brief

48 Cited authorities

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

    503 U.S. 318 (1992)   Cited 1,475 times   44 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  2. Barrentine v. Ark.-Best Freight Sys.

    450 U.S. 728 (1981)   Cited 1,663 times   19 Legal Analyses
    Holding that Fair Labor Standards Act claims may be brought in federal court notwithstanding an arbitration provision in a CBA

  3. Tony & Susan Alamo Found. v. Sec'y of Labor

    471 U.S. 290 (1985)   Cited 661 times   17 Legal Analyses
    Holding that workers were employees, not volunteers, where food, shelter, and other benefits upon which they were dependent constituted “wages in another form”

  4. Brooklyn Bank v. O'Neil

    324 U.S. 697 (1945)   Cited 1,708 times   28 Legal Analyses
    Holding right to liquidated damages under Fair Labor Standards Act nonwaivable

  5. North Haven Board of Education v. Bell

    456 U.S. 512 (1982)   Cited 418 times   1 Legal Analyses
    Holding that "an agency's authority under Title IX both to promulgate regulations and to terminate funds is subject to the program-specific limitation of [that title]"

  6. Zheng v. Liberty Apparel Co. Inc.

    355 F.3d 61 (2d Cir. 2003)   Cited 571 times   11 Legal Analyses
    Holding district court erred in applying only four factors regarding formal control

  7. Falk v. Brennan

    414 U.S. 190 (1973)   Cited 397 times   3 Legal Analyses
    Holding that a company exercising “substantial control of the terms and conditions of the work” of the employees is an employer under the FLSA

  8. Rutherford Food Corp. v. McComb

    331 U.S. 722 (1947)   Cited 850 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"

  9. Tennessee Coal Co. v. Muscoda Local

    321 U.S. 590 (1944)   Cited 708 times   13 Legal Analyses
    Holding that underground travel to iron ore mines was compensable work

  10. Carter v. Dutchess Cmty. Coll.

    735 F.2d 8 (2d Cir. 1984)   Cited 582 times   1 Legal Analyses
    Holding that the FLSA might apply to an inmate working as a community college tutor for classes taught inside a prison

  11. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 504,232 times   39 Legal Analyses
    Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

  12. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,663 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  13. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,017 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,071 times   60 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

  15. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,824 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  16. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,622 times   254 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement

  17. Section 601 - Purpose

    42 U.S.C. § 601   Cited 1,350 times   1 Legal Analyses
    Articulating the purposes of the Temporary Assistance for Needy Families program

  18. Section 202 - Congressional finding and declaration of policy

    29 U.S.C. § 202   Cited 1,114 times   5 Legal Analyses
    Finding that domestic service employees affect commerce

  19. Section 607 - Mandatory work requirements

    42 U.S.C. § 607   Cited 136 times
    In § 607(a), by contrast, the word needy appears within the section which is not broken into numbered clauses, and the family filing rule simply references § 607(a).

  20. Section 131-R - Liability for reimbursement of public assistance benefits

    N.Y. Soc. Serv. Law § 131-R   Cited 6 times

    1. Any person who is receiving or has received, within the previous ten years, public assistance pursuant to the provisions of this article, and who wins a lottery prize of six hundred dollars or more shall reimburse the department from the winnings, for all such public assistance benefits paid to such person during the previous ten years; provided, however, that such crediting to the department shall in no event exceed fifty percent of the amount of the lottery prize. The commissioner shall enter

  21. Section 260.35 - What other Federal laws apply to TANF?

    45 C.F.R. § 260.35   Cited 2 times

    (a) Under section 408(d) of the Act, the following provisions of law apply to any program or activity funded with Federal TANF funds: (1) The Age Discrimination Act of 1975; (2) Section 504 of the Rehabilitation Act of 1973; (3) The Americans with Disabilities Act of 1990; and (4) Title VI of the Civil Rights Act of 1964. (b) The limitation on Federal regulatory and enforcement authority at section 417 of the Act does not limit the effect of other Federal laws, including Federal employment laws (such