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← 166 F.3d 1061 - Braziel v. Tobosa Developmental Services

Braziel v. Tobosa Developmental Services’s Empirical Analysis

166 F.3d 1061 · 1999

Citation profile

13
cited by 13 later decisions
1
states following
April 2016
most recently cited

3 federal appellate · 3 district · 1 state decisions

How this case has been cited

Cited by 13 later decisions — most recently April 2016

3 federal appellate · 3 district · 1 state decisions

90199920002010decided

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 28 U.S.C. § 1291

Relies on State Farm Fire & Casualty Co. v. Mhoon · Kaul v. Stephan · Hultgren v. County of Lancaster · Rivera v. Sagebrush Sales, Inc. · Big Tree Enterprises, Ltd. Hamstein Music Company Ram's Horn Music, Emi April Music, Inc. And Ian Hunter Music, Inc. v. Richard C. Mabrey

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

  1. “Finally, appellants argue that 29 C.F.R. § 785.23 , addressing the deduction of sleep time from hours worked where employees reside on an employer’s premises, should not apply because they did not reside permanently in the houses where they worked as residential assistants. The district court held that this regulation applied to those appellants who worked shifts less than twenty-four hours, noting appellants’ separate bedroom and bathroom facilities, and concluding that the regulation does not require a continuous stay on site. On appeal, appellants simply contend that disputed issues of fact exist which preclude the district court’s holding. We agree with the district court that, under the facts of this case, § 785.23 applied to appellants who brought claims for work shifts less than twenty-four hours. The regulation does not require permanent residence, only that an employee reside on the premises “for extended periods of time.” 29 C.F.R. § 785.23 .”
    2 later decisions quote this exact passage · from the majority
  2. “[A]n agreement to exempt sleep time from paid work under the FLSA can be implied.... Although it is clear from the record and appellants' pleadings that they became unhappy with the policy[,] it is equally clear that appellants understood and acquiesced to the policy when they were hired.”
    1 later decision 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.