· 9/10/2007
Bader v. Northern Line Layers, Inc.
Citations
- 503 F.3d 813
- 26 I.E.R. Cas. (BNA) 833
- 2007 U.S. App. LEXIS 21645
- 2007 WL 2581110
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- taking this approach despite opining that subpart (6) may not actually apply to small groups of construction workers and project managers working at sites across the country
- analyzing construction project sites and holding that they could not be aggregated together under Subparts 3 and 4 because plaintiffs failed to provide facts demonstrating that the construction sites were geographically proximate to each other
- discussing whether there is 17 an issue of fact as to whether outstationed employees should be counted toward termination totals 18 to determine whether a plant closing or mass layoff occurred at a “single site of employment”
- “The term [outstationed] most logically connotes a situation where employees live for a short period of time at a certain site, departing for home when the work is done.”
- “The term [outstationed] most logically connotes a situation where employees live for a short period of time at a certain site, departing for home when the work is done.”
- “The [Department of Labor’s] comments explain that its regulation was intended to apply to ‘mobile workers,’ including ‘outstationed workers and traveling workers who report to but do not work out of a particular office.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hall, Tashima, Callahan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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