§Why CasetextPricing

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

Brief

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

    450 U.S. 728 (1981)   Cited 1,656 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. Perrin v. United States

    444 U.S. 37 (1979)   Cited 1,122 times   7 Legal Analyses
    Holding that commercial bribery falls under the definition of bribery under the Travel Act, which was passed nine years before RICO was enacted

  4. University of California Regents v. Bakke

    438 U.S. 265 (1978)   Cited 1,173 times   31 Legal Analyses
    Holding that plaintiff suffered an injury when he could not compete for all places in his entering medical school class

  5. Moskal v. United States

    498 U.S. 103 (1990)   Cited 559 times   2 Legal Analyses
    Holding that the rule of lenity is not triggered because it is "possible to articulate" a narrower construction of a statute

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

    471 U.S. 290 (1985)   Cited 656 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”

  7. Barfield v. New York City

    537 F.3d 132 (2d Cir. 2008)   Cited 910 times   7 Legal Analyses
    Holding that an entity can constitute a "joint employer even absent a showing of subterfuge or business bad faith"

  8. Sebelius v. Cloer

    569 U.S. 369 (2013)   Cited 234 times   6 Legal Analyses
    Holding that " ‘statutory terms are generally interpreted in accordance with their ordinary meaning’ "

  9. Herman v. RSR Sec. Servs. Ltd.

    172 F.3d 132 (2d Cir. 1999)   Cited 1,068 times   6 Legal Analyses
    Holding that an employer willfully violated the FLSA when he had "extensive knowledge" of the FLSA's requirements, knew of previous violations, and relied on assurances by corporate decisionmakers despite their prior illegal activities

  10. North Haven Board of Education v. Bell

    456 U.S. 512 (1982)   Cited 417 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]"

  11. Section 201 - Short title

    29 U.S.C. § 201   Cited 20,928 times   102 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  12. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,373 times   140 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  13. Section 1383 - Procedure for payment of benefits

    42 U.S.C. § 1383   Cited 15,283 times
    Adopting § 405(g)'s provisions for judicial review of Title XVI claims

  14. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,816 times   98 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  15. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,791 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 4,608 times   253 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement

  17. Section 61 - Gross income defined

    26 U.S.C. § 61   Cited 2,464 times   60 Legal Analyses
    Defining gross income

  18. Section 602 - Eligible States; State plan

    42 U.S.C. § 602   Cited 1,460 times
    Granting Secretary of Health and Human Services authority to approve state TANF plans

  19. 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

  20. Section 202 - Congressional finding and declaration of policy

    29 U.S.C. § 202   Cited 1,109 times   5 Legal Analyses
    Finding that domestic service employees affect commerce

  21. Section 553.101 - "Volunteer" defined

    29 C.F.R. § 553.101   Cited 49 times   31 Legal Analyses

    (a) An individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, is considered to be a volunteer during such hours. Individuals performing hours of service for such a public agency will be considered volunteers for the time so spent and not subject to sections 6, 7, and 11 of the FLSA when such hours of service are performed in accord with sections 3(e)(4) (A) and (B)

  22. Section 351.2 - Aspects of investigation and eligibility

    N.Y. Comp. Codes R. & Regs. tit. 18 § 351.2   Cited 26 times

    (a) Identity. (1) Verification. The applicant or recipient must furnish verification of his or her identity, as a condition of eligibility, at the time of application or recertification for public assistance or care. (2) Prohibition against automated finger imaging for public assistance. (i) The use of an automated finger imaging system is prohibited for any purpose under public assistance. (ii) No social services district may require an applicant or recipient household member to be finger imaged

  23. Section 385.9 - Work activities and work requirements

    N.Y. Comp. Codes R. & Regs. tit. 18 § 385.9   Cited 9 times

    (a) Social services districts may provide, and require applicants for and recipients of public assistance to participate in a variety of activities, including but not limited to the following: (1) unsubsidized employment; (2) subsidized private sector employment; (3) subsidized public sector employment; (4) work experience in the public sector or non-profit sector, (including work associated with refurbishing publicly assisted housing) if sufficient private sector employment is not available as determined

  24. Section 141.0 - Statement of policy

    N.Y. Comp. Codes R. & Regs. tit. 9 § 141.0

    It is the policy of the State that the use of volunteer workers be consistent with the needs and requirements of sound and orderly administration of State government. It is also the policy of the State that the protection of workmen's compensation coverage be provided to all volunteer workers donating their services to the State. N.Y. Comp. Codes R. & Regs. Tit. 9 § 141.0