Smith v. Porter’s Empirical Analysis

Citation profile

18 federal appellate · 6 district · 3 state decisions

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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) whose primary duty consists of the management of the establishment in which he is employed or of a customarily recognized department or subdivision thereof, and “(h) who customarily and regularly directs the work of other employees therein, and “(c) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight, and “(d) who customarily and regularly exercises discretionary powers, and “(e) who is compensated for his services on a salary basis at not less than $30 per week (exclusive of board, lodging, or other facilities), and “(f) whose hours of work of the same nature as that performed by nonexempt employees do not exceed 20 percent of the number of hours worked in the workweek by the nonexempt employees under his direction: Provided, That this paragraph shall not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment.””

   3 later decisions quote this exact passage · from the majority
   e.g. Allen v. Atlantic Co. · Schmidt v. Emigrant Industrial Sav. Bank

2. ““ ‘The present definition of the terms “executive,” and “administrative” applies with particular aptness to persons who are commonly called “bosses.” The range of exemption is brdad. It extends from the pres ident of a large and complex corporate structure down to the foreman in charge of a very minor department.’ 2 CCH Labor Law Service, par. 31,302.08.””

   1 later decision quote this exact passage · from the majority
   e.g. 69 F. Supp. 522 - Phillips v. Federal Cartridge Corporation

3. “The precise question here is not whether the appellants were employed in an executive [or professional] capacity within the meaning the phrase may have in common usage, but whether appellants were so employed within the definition as promulgated by the administrator under authority of law.”

   1 later decision quote this exact passage · from the majority
   e.g. Albert S. Craig v. Far West Engineering Company, Inc., a Corporation, Far West Engineering Company, Inc., a Corporation v. Albert S. Craig