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

Brief

36 Cited authorities

  1. Demore v. Kim

    538 U.S. 510 (2003)   Cited 1,675 times   13 Legal Analyses
    Holding that mandatory detention of noncitizens convicted of a wide variety of offenses does not violate the Due Process Clause

  2. 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

  3. 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”

  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. Johns v. Stewart

    57 F.3d 1544 (10th Cir. 1995)   Cited 257 times
    Holding that workfare participants are not employees under the Fair Labor Standards Act

  6. U.S. v. City of New York

    359 F.3d 83 (2d Cir. 2004)   Cited 134 times   4 Legal Analyses
    Concluding that benefits in the form of cash payments, food stamps, transportation, and childcare expenses were remuneration

  7. People v. Wilmot Moore

    451 Mich. 909 (Mich. 1996)   Cited 161 times

    Nos. 104192, 104193. May 31, 1996. Leave to Appeal Denied May 31, 1996: Court of Appeals Nos. 162656, 163138.

  8. Archie v. Grand Cent. Partnership, Inc.

    997 F. Supp. 504 (S.D.N.Y. 1998)   Cited 141 times
    Holding that non-profit organizations that operated “pathways to employment” program for the homeless qualified as an “enterprise” because they “shared a common business purpose–providing service at a fee to improve business operation conditions,” and “regularly entered into contracts and solicited business from private corporations promising that it would supply formerly homeless persons to act in a security capacity”

  9. Brown v. N.Y.C. Dep't of Educ.

    755 F.3d 154 (2d Cir. 2014)   Cited 31 times   2 Legal Analyses
    Listing such factors as " the power to hire and fire employees, the ability to supervise and control employee work schedules or terms of employment, authority over the rate and method of employee payment, and the maintenance of employment records"

  10. McLaughlin v. Ensley

    877 F.2d 1207 (4th Cir. 1989)   Cited 31 times   5 Legal Analyses
    Finding trainees were employees where they "were taught only simple specific job functions related to [the employer's] own business"

  11. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,321 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 20,918 times   102 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,317 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  14. 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

  15. Section 202 - Congressional finding and declaration of policy

    29 U.S.C. § 202   Cited 1,108 times   5 Legal Analyses
    Finding that domestic service employees affect commerce

  16. Section 32 - Earned income

    26 U.S.C. § 32   Cited 361 times   5 Legal Analyses
    Defining earned income in the Internal Revenue Code as "wages, salaries, tips, and other employee compensation, but only if such amounts are includible in gross income for a taxable year"

  17. Section 6101 - Statement of purpose

    42 U.S.C. § 6101   Cited 268 times   7 Legal Analyses

    It is the purpose of this chapter to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance. 42 U.S.C. § 6101 Pub. L. 94-135, title III, §302, Nov. 28, 1975, 89 Stat. 728; Pub. L. 95-478, title IV, §401(a), Oct. 18, 1978, 92 Stat. 1555; Pub. L. 99-272, title XIV, §14001(b)(4), Apr. 7, 1986, 100 Stat. 329. EDITORIAL NOTES AMENDMENTS1986- Pub. L. 99-272 struck out ", including programs or activities receiving funds under the State and Local Fiscal

  18. 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).

  19. Section 608 - Prohibitions; requirements

    42 U.S.C. § 608   Cited 131 times
    Requiring states, in the event that an individual does not cooperate in establishing paternity, to deduct at least 25 percent from assistance to the family, and allowing states to "deny the family any assistance under the State program"

  20. Section 385.7 - Assessments and employability plans for households without dependent children

    N.Y. Comp. Codes R. & Regs. tit. 18 § 385.7   Cited 43 times

    (a) Assessments. (1) To the extent that resources are available, the social services official shall conduct an assessment of employability for applicants and recipients in households without dependent children who are not exempt from assignment to work activities in accordance with the provisions of section 385.2 of this Part. (2) Such assessment shall be conducted within a reasonable period of time, but in any case shall be conducted within a year following a recipient's application for safety net

  21. Section 351.1 - Investigation

    N.Y. Comp. Codes R. & Regs. tit. 18 § 351.1   Cited 38 times

    (a) Definition. Investigation is a continuous process which is concerned with all aspects of eligibility for public assistance or care from the period of initial application to case closing. Investigation means the collection, verification, recording and evaluation of factual information on the basis of which a determination is made of eligibility and degree of need, or of ineligibility, for any form of public assistance or care. (b) Responsibility for furnishing information. (1) The social services

  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 352.1 - Standard of need for determining eligibility

    N.Y. Comp. Codes R. & Regs. tit. 18 § 352.1   Cited 19 times

    The eligibility for public assistance of all persons who constitute or are members of a family household shall be determined by a social services district by applying the following statewide standard of monthly need which shall consist of: (a) regular recurring monthly needs, exclusive of shelter, fuel for heating, home energy payments and supplemental home energy payments, in accordance with the following schedule: SCHEDULE SA-1 STATEWIDE STANDARD OF NEED Effective through June 30, 2009 Number of

  24. Section 385.8 - Participation rate requirements

    N.Y. Comp. Codes R. & Regs. tit. 18 § 385.8   Cited 12 times

    (a) Participation rates for all families with dependent children receiving Federal temporary assistance for needy families. (1) The minimum number of families in each month for which at least one adult or minor child head of household must be engaged in work as defined in paragraph (2) of this subdivision must be as follows: (i) for Federal fiscal year 1997: 25 percent of the number of cases; (ii) for Federal fiscal year 1998: 30 percent of the number of cases; (iii) for Federal fiscal year 1999:

  25. Section 350.3 - General

    N.Y. Comp. Codes R. & Regs. tit. 18 § 350.3   Cited 4 times

    (a) Application rights. (1) Any person has the right to make application for that form of public assistance or care that he or she believes will meet his or her needs. The applicant or any adult member of the applicant's family has the right to make application for such assistance or care. If a person establishes a good cause reason, in accordance with section 351.26 of this Title, that prevents the person from applying for public assistance, that person may designate in writing a person to act on