· 3/3/1976
W. J. Usery, Secretary of Labor, United States Department of Labor, Plaintiff v. Pilgrim Equipment Company, Inc.
Citations
- 527 F.2d 1308
- 1976 U.S. App. LEXIS 12581
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling workers showed insufficient initiative when \[a]ll major components open to initiative ... [were] controlled by [the employer]\
- suggesting that general skills, “such as business sense, salesmanship, personality and efficiency,” are not relevant to the employee-status inquiry
- finding that \[i]n the total context of the relationship neither the right to hire employees nor the right to set hours\ indicated such lack of control by [defendant] as would show that the laundry operators were independent contractors
- finding that “[i]n the total context of the relationship neither the right to hire employees nor the right to set hours” indicated such lack of control by [defendant] as would show that the laundry operators were independent contractors
- holding that “broader economic realities are determinative”
- evaluating whether the laundry-operator plaintiffs were able to leave their work and transfer to new employment when they had \nothing to transfer but their own labor\
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Ro-Ney, Wisdom
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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