· 12/30/2003
Zheng v. Liberty Apparel Company Inc.
Citations
- 355 F.3d 61
- 9 Wage & Hour Cas.2d (BNA) 336
- 2003 U.S. App. LEXIS 26528
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “supervision with respect to contractual warranties of quality and time of delivery [have] no bearing on the joint employment inquiry, as such supervision is perfectly consistent with a typical, legitimate subcontracting arrangement”
- stating that “[t]he court is also free to consider any other factors it deems relevant to its assessment of the economic realities.”
- warning that otherwise, this factor “could be said to be implicated in every subcontracting relationship, because all subcontractors perform a function that a general contractor deems ‘integral’ to a product or service”
- stating that courts are not limited to these factors and should consider more broadly any and all factors “relevant to its assessment of the economic realities” in determining if defendants are joint employers
- noting that determination of the economic reality \is determined based upon all the circumstances\ and should consider all relevant evidence \so as to avoid having the test confined to a narrow legalistic definition\
- affirming that “formal control [is] measured by the Carter factors”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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