B & D Contracting v. Pearley’s Empirical Analysis
548 F.3d 338 · 2008
Citation profile
4 federal appellate · 1 district ·
How this case has been cited
Cited by 10 later decisions — most recently March 2020
4 federal appellate · 1 district ·
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 26 U.S.C. § 119 · 29 U.S.C. § 207 · 33 U.S.C. § 902 · 33 U.S.C. § 908
Relies on Metropolitan Stevedore Co. v. Rambo · Pool Co. v. Cooper · Universal Maritime Service Corp. v. Wright · H.B. Zachry Co. v. Quinones · The Wausau Insurance Companies v. Director, Office of Workers Compensation Programs
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“were calculated based on the number of hours worked; they were paid in the same paycheck as the employee’s normal wages'; the per diem’ was an unrestricted payment, unrelated to actual costs of meals, lodging, or travel; the same per diem was paid to all employees regardless of where they live; and the per diem constituted almost half of [the employee’s] gross pay.”
2 later decisions quote this exact passage · from the majority“the money rate at which the service rendered by an employee is compensated by an employer under the contract of hiring in force at the time of the injury, including the reasonable value of any advantage which is received from the employer and included for purposes of any withholding of tax under subtitle C of title 26 (relating to employment taxes). The term wages does not include fringe benefits, including (but not limited to) employer payments for or contributions to a retirement, pension, health and welfare, life insurance, training, social security or other employee or dependent benefit plan for the employee’s or dependent’s benefit, or any other employee’s dependent entitlement.”
1 later decision quote this exact passage · from the majority“money rate at which the employee is compensated plus any taxable advantages.”
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.