§Why CasetextPricing

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

Brief

50 Cited authorities

  1. Preiser v. Rodriguez

    411 U.S. 475 (1973)   Cited 18,067 times   11 Legal Analyses
    Holding that because the prisoners sought the restoration of good time credits—and consequently speedier release—their claims implicated the duration of their confinement such that their sole remedy was by writ of habeas corpus

  2. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,468 times   44 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  3. Community for Creative Non-Violence v. Reid

    490 U.S. 730 (1989)   Cited 1,150 times   17 Legal Analyses
    Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry

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

    471 U.S. 290 (1985)   Cited 655 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”

  5. Goldberg v. Whitaker House Coop

    366 U.S. 28 (1961)   Cited 698 times   6 Legal Analyses
    Holding that the test of employment under the FLSA is the economic reality test

  6. 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"

  7. 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

  8. Walling v. Portland Terminal Co.

    330 U.S. 148 (1947)   Cited 303 times   51 Legal Analyses
    Holding that plaintiffs who performed work under close supervision were nevertheless not "employees" under the FLSA, but were instead more like students in school, since they received no direct remuneration but instead received training for a short period, after which some were offered jobs

  9. O'Connor v. Davis

    126 F.3d 112 (2d Cir. 1997)   Cited 178 times   6 Legal Analyses
    Holding that Title VII does not apply to an "unpaid intern" because she is not an "employee"

  10. Powell v. U.S. Cartridge Co.

    339 U.S. 497 (1950)   Cited 213 times
    Recognizing that "[b]readth of coverage" is "vital to the [FLSA's] mission"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,625 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,308 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"

  13. Section 201 - Short title

    29 U.S.C. § 201   Cited 20,914 times   102 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  14. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,310 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  15. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,809 times   98 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  16. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,785 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  17. 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

  18. 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

  19. Section 202 - Congressional finding and declaration of policy

    29 U.S.C. § 202   Cited 1,107 times   5 Legal Analyses
    Finding that domestic service employees affect commerce

  20. 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

  21. Section 233.20 - Need and amount of assistance

    45 C.F.R. § 233.20   Cited 517 times
    Requiring "prompt correction of any underpayments to current recipients and those who would be a current recipient if the error causing the underpayment had not occurred"

  22. 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

  23. Section 352.2 - Allowances and grants for persons who constitute or are members of a family household

    N.Y. Comp. Codes R. & Regs. tit. 18 § 352.2   Cited 42 times

    (a) Each social services district shall utilize the applicable schedules of monthly grants and allowances as found in subdivision (d) of this section to provide for all items of need, exclusive of: (1) shelter; (2) fuel for heating; (3) additional cost of meals for persons who are unable to prepare meals at home; (4) purchase of necessary and essential furniture required for the establishment of a home; (5) replacement of necessary furniture and clothing for persons in need of public assistance who

  24. Section 416.1124 - Unearned income we do not count

    20 C.F.R. § 416.1124   Cited 29 times

    (a)General. While we must know the source and amount of all of your unearned income for SSI, we do not count all of it to determine your eligibility and benefit amount. We first exclude income as authorized by other Federal laws (see paragraph (b) of this section). Then we apply the other exclusions in the order listed in paragraph (c) of this section to the rest of your unearned income in the month. We never reduce your unearned income below zero or apply any unused unearned income exclusion to

  25. 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

  26. Section 385.6 - Assessments and employability plans for households with dependent children

    N.Y. Comp. Codes R. & Regs. tit. 18 § 385.6   Cited 21 times

    (a) Assessments. (1) The social services official shall ensure that an employability assessment is provided for each public assistance recipient who is a member of a household with dependent children and is: (i) 18 years or older; or (ii) 16 or 17 years of age and not attending secondary school and has not completed high school or an equivalency program. (2) Such assessment shall include, but not be limited to, a review of the individual's: (i) education level, including literacy and English language

  27. 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

  28. 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

  29. Section 350.2 - Authorization of grant

    N.Y. Comp. Codes R. & Regs. tit. 18 § 350.2   Cited 4 times

    (a) Assistance to an eligible person is granted by a social services official on the basis of an authorization prepared on the State-prescribed form. Such an authorization shall contain all pertinent information as to the status of the case and the amount of the authorized grants of assistance and shall be effective for a period of time coinciding with periods of eligibility determinations and redeterminations and shall be made not less frequently than: (1) by the end of the third calendar month

  30. Section 381.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 18 § 381.1   Cited 3 times

    (a) Unrestricted money payment. An unrestricted money payment means one which is paid to the grantee, in cash, by check, or through an electronic benefit transfer system, and without direction on the check or by letter or by agreement as a condition of receiving the payment or by other notice, that the recipient must use his or her money in a specified way or for a specified purpose. Such unrestricted money payments must be payable to: (1) the recipient or his or her legally appointed committee;