Whetsel v. Network Property Services, LLC’s Empirical Analysis
246 F.3d 897 · 2001
Citation profile
13 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 32 later decisions — most recently September 2024 · most notably O'Brien v. Town of Agawam (2003), Kennedy v. Commonwealth Edison Co. (2005)
13 federal appellate · 1 district · 4 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. § 213
Relies on Pullman-Standard v. Swint · Auer v. Robbins · Christensen v. Harris County · Bowles v. Seminole Rock & Sand Co. · Thomas Jefferson University v. Shalala
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The effect of making a deduction which is not permitted under these interpretations will depend upon the facts in the particular case. Where deductions are generally made when there is no work available, it indicates that there was no intention to pay the employee on a salary basis. In such a case the exemption would not be applicable to him during the entire period when such deductions were being made. On the other hand, where a deduction not permitted by these interpretations is inadvertent, or is made for reasons other than lack of work, the exemption will not be considered to have been lost if the employer reimburses the employee for such de ductions and promises to comply in the future.”
3 later decisions quote this exact passage“29 C.F.R. § 541.118(a). Consequently, the Secretary's interpretation of the regulation is entitled to our deference, so long as it is reasonable. 20 We conclude that the Secretary's interpretation of the regulation, that the”
1 later decision quote this exact passage“Use of the word 'lost' suggests that an employer must first establish that it was entitled to the exemption, which requires inter alia that the employer demonstrate it was paying its employees on a salary basis.”
1 later decision quote this exact passage
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.