Michael Baldwin’s Empirical Analysis

Citation profile

13 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]nterviewing, selecting, and training of employees, setting and adjusting their rates of pay and hours of work; directing their work; maintaining their production or sales records for use in supervision or control; appraising their productivity and efficiency for the purpose of recommending promotions or other changes in their status; handling their complaints and grievances and disciplining them when necessary; planning the work; determining the techniques to be used; apportioning the work among the workers; determining the type of materials, supplies, machinery or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety of the men and the property.”

   2 later decisions quote this exact passage · from the majority
   e.g. 352 F. Supp. 2d 1268 - Moore v. Tractor Supply Co. · 380 N.J. Super. 302 - Marx v. Friendly Ice Cream Corp.

2. “The amount of time spent performing exempt work can be a useful guide in determining whether exempt work is the primary duty of an employee. Thus, employees who spend more than 50 percent of their time performing exempt work will generally satisfy the primary duty requirement. Time alone, however, is not the sole test, and nothing in this section requires that exempt employees spend more than 50 percent of their time performing exempt work. Employees who do not spend more than 50 percent of their time performing exempt duties may nonetheless meet the primary duty requirement if the other factors [mentioned above] support such a conclusion.”

   1 later decision quote this exact passage · from the majority
   e.g. 428 F. Supp. 2d 725 - Mitchell v. Abercrombie & Fitch, Co.

3. “[t]hat the [non-exempt] assistant managers may have performed some managerial tasks does not render the tasks non-exempt.”). . The Court disagrees with Saxon's contention that failure to meet the 50 percent threshold means that an employee fails to satisfy the primary duty requirement. The Fourth Circuit clarified the application of the 50 percent”

   1 later decision quote this exact passage · from the majority
   e.g. 988 F. Supp. 2d 567 - Saxon v. Family Dollar Stores