§Why CasetextPricing

Velasquez v. Glaser

MOTION for Partial Summary Judgment

28 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,328 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Beard v. Banks

    548 U.S. 521 (2006)   Cited 1,693 times   1 Legal Analyses
    Holding that encouraging progress toward rehabilitation serves legitimate penological objectives

  3. De La Fuente v. Stokely-Van Camp, Inc.

    713 F.2d 225 (7th Cir. 1983)   Cited 619 times   1 Legal Analyses
    Holding that typicality may be satisfied even if there are factual distinctions between claims of named plaintiffs and other class members

  4. Farmers Irrigation Co. v. McComb

    337 U.S. 755 (1949)   Cited 145 times   2 Legal Analyses
    In Farmers Reservoir, for example, the Supreme Court concluded that "the physical operation, control and maintenance" of "canals, reservoirs, and headgates" for a company that stored water and distributed it to farms through the company's canals were activities "[c]learly... not done on a farm."

  5. Caro-Galvan v. Curtis Richardson, Inc.

    993 F.2d 1500 (11th Cir. 1993)   Cited 102 times
    Finding that the employer bears the burden of proving reasonable cost and that the "employer's unsubstantiated estimate of his cost" does not meet that burden

  6. Maneja v. Waialua Agricultural Co.

    349 U.S. 254 (1955)   Cited 82 times
    Holding that railroad workers who transported workers, tools, and sugar cane on a sugar cane plantation were exempt agricultural employees

  7. MORANTE-NAVARRO v. TY PINE STRAW, INC

    350 F.3d 1163 (11th Cir. 2003)   Cited 22 times   1 Legal Analyses
    Holding that cultivation distinguishes farming from harvesting wild commodities

  8. Mitchell v. Budd

    350 U.S. 473 (1956)   Cited 30 times
    Holding a process that results in changes to the natural state of the product is more akin to manufacturing than to agriculture

  9. Centeno-Bernuy v. Becker Farms

    564 F. Supp. 2d 166 (W.D.N.Y. 2008)   Cited 11 times
    Holding that H-2A worker plaintiffs' state breach of contract claims were allowed to proceed while employer defendant's state law breach of contract counterclaim was dismissed on summary judgment for lack of material question of fact

  10. Araiza-Calzada v. Webb's Seafood, Inc.

    49 F. Supp. 3d 1001 (N.D. Fla. 2014)   Cited 2 times

    Case No. 5:13–cv–15–RS–CJK. 2014-09-10 Jose ARAIZA–CALZADA et al., Plaintiffs, v. WEBB'S SEAFOOD, INC., Defendant. Gregory Scott Schell, Migrant Farmworker Justice Project, Vanessa Alexis Coe, Karla Cecilia Martinez, Florida Legal Services Inc., Lake Worth, FL, for Plaintiffs. Cecilia Redding Boyd, Cecilia Redding Boyd PA, Rebecca Southwell Daffin, Rebecca Southwell Daffin PA, Panama City, FL, for Defendant. RICHARD SMOAK Workers' motion denied and operator's motion granted. Gregory Scott Schell

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. 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

  13. 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

  14. Section 3121 - Definitions

    26 U.S.C. § 3121   Cited 688 times   43 Legal Analyses
    Excluding state employees

  15. Section 1801 - Congressional statement of purpose

    29 U.S.C. § 1801   Cited 397 times   9 Legal Analyses

    It is the purpose of this chapter to remove the restraints on commerce caused by activities detrimental to migrant and seasonal agricultural workers; to require farm labor contractors to register under this chapter; and to assure necessary protections for migrant and seasonal agricultural workers, agricultural associations, and agricultural employers. 29 U.S.C. § 1801 Pub. L. 97-470, §2, Jan. 14, 1983, 96 Stat. 2584. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATEPub. L. 97-470, title V,

  16. Section 1802 - Definitions

    29 U.S.C. § 1802   Cited 131 times   3 Legal Analyses
    In 29 U.S.C. § 1802(6), we find six relatively distinct contractual endeavors listed as examples of farm labor contracting activity: "recruiting, soliciting, hiring, employing, furnishing, or transporting" of migrant farm workers.

  17. Section 1822 - Wages, supplies, and other working arrangements

    29 U.S.C. § 1822   Cited 68 times
    Relating to alleged violations of the terms of the "working arrangements"

  18. Section 500.20 - Definitions

    29 C.F.R. § 500.20   Cited 103 times   8 Legal Analyses
    Listing one of the regulatory factors as "[t]he degree of supervision, direct or indirect, of the work"

  19. Section 780.105 - "Primary" and "secondary" agriculture under section 3(f)

    29 C.F.R. § 780.105   Cited 23 times   2 Legal Analyses

    (a) Section 3(f) of the Act contains a very comprehensive definition of the term "agriculture." The definition has two distinct branches (see Farmers Reservoir Co. v. McComb,337 U.S. 755 ). One has relation to the primary meaning of agriculture; the other gives to the term a somewhat broader secondary meaning for purposes of the Act (NLRB v. Olaa Sugar Co., 242 F. 2d 714). (b) First, there is the primary meaning. This includes farming in all its branches. Listed as being included "among other things"

  20. Section 780.151 - Particular operations on commodities

    29 C.F.R. § 780.151   Cited 6 times

    Subject to the rules heretofore discussed, the following activities are, among others, activities that may be performed in the "preparation for market" of the indicated commodities and may come within section 3(f): (a)Grain, seed, and forage crops. Weighing, binning, stacking, drying, cleaning, grading, shelling, sorting, packing, and storing. (b)Fruits and vegetables. Assembling, ripening, cleaning, grading, sorting, drying, preserving, packing, and storing. (See In the Matter of J. J. Crosetti

  21. Section 780.145 - The relationship is determined by consideration of all relevant factors

    29 C.F.R. § 780.145   Cited 6 times   1 Legal Analyses
    Determining the relationship between the activity and farming in light of "any available criteria," including "the general relationship . . . of the practice to farming" and "the degree of separation established between the activities"

  22. Section 780.117 - "Production, cultivation, growing."

    29 C.F.R. § 780.117   Cited 3 times   2 Legal Analyses

    (a) The words "production, cultivation, growing" describe actual raising operations which are normally intended or expected to produce specific agricultural or horticultural commodities. The raising of such commodities is included even though done for purely experimental purposes. The "growing" may take place in growing media other than soil as in the case of hydroponics. The words do not include operations undertaken or conducted for purposes not concerned with obtaining any specific agricultural