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· 7/31/2012

Velez v. Sanchez

Citations

  • 693 F.3d 308
  • 19 Wage & Hour Cas.2d (BNA) 641
  • 2012 U.S. App. LEXIS 15805
  • 2012 WL 3089376

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting test in Brock v. Superior Care is “relevant for distinguishing between independent contractors and employees”
  • affirming the Statute of Frauds-based dismissal of a breach of contract claim under Rule 12(b)(6)
  • applying New York’s Statute of Frauds to a state-law contract claim
  • “Velez left Sanchez’s home in November 2003, and thus all of the alleged trafficking and forced labor took place before the civil cause of action under the TVPRA was enacted.”
  • “A person who must leave the living arrangement when he stops providing services is more likely an employee than someone who can continue to stay in the household without performing those tasks.”
  • “Even if the employee never received any actual compensation, the promise of compensation, particularly in the form of a regular salary, is a factor in favor of finding an employment relationship.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Raggi, Droney, Matsumoto

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.