Allen v. McWane, Inc.’s Empirical Analysis

Citation profile

4 federal appellate · 1 district ·

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

1. “Hours Worked. — In determining for the purposes of sections 206 and 207 of this title the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday which was excluded from measured working time during the week involved by the express terms of or by custom or practice under a bona fide collective-bargaining agreement applicable to the particular employee”

   4 later decisions quote this exact passage · from the majority
   e.g. Franklin v. Kellogg Co. · Ford v. Houston Independent School District

2. “[Pjlaintiffs interpret the phrase “custom or practice under a bona fide collective-bargaining agreement” too narrowly, placing undue emphasis on the clause “under a bona fide collective-bargaining agreement” while virtually reading the clause “custom or practice” out of § 203(o). In essence, plaintiffs construe [§ 203(o) ] as “custom or practice established through formal collective bargaining negotiations.” To the contrary, we view the phrase as simply restating the well-established principle of labor law that a particular custom or practice can become an implied term of a labor agreement through a prolonged period of acquiescence. See, e.g., Detroit & Toledo Shore Line R.R. Co. v. United Transp. Union, 396 U.S. 142, 153-54 , 90 S.Ct. 294 , 24 L.Ed.2d 325 (1969); Bonnell/Tredegar Indus., Inc. v. NLRB, 46 F.3d 339 , 344 (4th Cir.1995); Railway Labor Executives Ass’n v. Norfolk & Western Ry. Co., 833 F.2d 700, 705 (7th Cir.1987); Brotherhood of Maintenance of Way Employees v. Chicago & North Western Transp. Co., 827 F.2d 330 , 334 (8th Cir.1987).”

   1 later decision quote this exact passage · from the majority
   e.g. Harvey v. AB Electrolux

3. “The statute, however, demonstrates that § 203 is a list of definitions and subsection (o) addresses how to define and calculate “hours worked,” in contrast to § 213, which is titled “Exemptions,” 29 U.S.C. § 203 (o). In addition, the “exemptions” the Supreme Court [in cases indicating that exemptions are to be narrowly construed against the employer] refers to as affirmative defenses to the FLSA all “relate to the total exclusion of a particular worker or workers from certain FLSA protections,” not “to the exclusion of only some activities from the FLSA.””

   1 later decision quote this exact passage · from the majority
   e.g. 740 F. Supp. 2d 1220 - McDonald v. Kellogg Co.