Flood v. New Hanover County’s Empirical Analysis
125 F.3d 249 · 1997
Citation profile
33 federal appellate · 10 district · 1 state decisions
How this case has been cited
Cited by 102 later decisions — most recently February 2019 · most notably Coleman v. Maryland Court of Appeals (2010), O'Brien v. Town of Agawam (2003)
33 federal appellate · 10 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 29 U.S.C. § 207
Relies on Skidmore v. Swift & Co. · Walling US v. Youngerman-Reynolds Hardwood Co · Brooks v. City of Winston-Salem · Rogers v. Jefferson-Pilot Life Insurance · Estate Construction Co. v. Miller & Smith Holding Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The language of section 778.114 suggests that an employer must meet the following requirements before it can pay an employee pursuant to the fluctuating workweek method: 1) the employee’s hours must fluctuate from week to week; 2) the employee must receive a fixed weekly salary that remains the same regardless of the number of hours that the employee works during the week; 3) the fixed amount must be sufficient to provide compensation at a regular rate not less than the legal minimum wage; 4) the employer and the employee must have a clear, mutual understanding that the employer will pay the employee the fixed weekly salary regardless of the hours worked; and 5) the employee must receive a fifty percent overtime premium in addition to the fixed weekly salary for all hours that the employee works in excess of forty during that week.”
8 later decisions quote this exact passage · from the majority“constitute a body of experience and informed judgment” that are given”
4 later decisions quote this exact passage · from the majority“in a wholly irregular and unpredictable manner”). 27 . See Flood v. New Hanover Cty., 125 F.3d 249 , 253 (4th Cir. 1997) (citing “DOL Administrative Letter Ruling of May 18, 1966, reprinted in Gilbert J. Ginsburg, et al., Fair Labor Standards Handbook app. III at 104 (1996)”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.