· 3/6/1998
Baker v. Flint Engineering & Construction Co.
Citations
- 137 F.3d 1436
- 4 Wage & Hour Cas.2d (BNA) 673
- 1998 Colo. J. C.A.R. 1353
- 1998 U.S. App. LEXIS 3904
- 1998 WL 97208
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that this factor supported employee status because the workers had been paid at a fixed rate and had not incurred any risk of loss
- finding that rig welders were employees of general contractor even though parties signed an agreement stating an intent to maintain an independent relationship
- stating that, generally speaking, “ ‘[employees’ usually work for only one employer and such relationship is continuous and indefinite in duration” (quoting Dole v. Snell, 875 F.2d 802, 811 (10th Cir. 1989))
- noting that having opportunity for profit or loss is “consistent with the characteristics of being [an] independent businessm[a]n”
- determining that “economic realities of the relationship govern” if individual is liable under FLSA as employer
- concluding district court’s factual finding that workers were employees was not clearly erroneous in part because “there is absolutely no risk of loss on plaintiffs’ part”
Source: CourtListener parenthetical corpus (CC0).
Judges: Briscoe, McKay, Lucero
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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