Donovan v. Sureway Cleaners’s Empirical Analysis
656 F.2d 1368 · 1981
Citation profile
14 federal appellate · 14 district · 5 state decisions
How this case has been cited
Cited by 54 later decisions — most recently March 2020 · most notably Equal Employment Opportunity Commission v. Zippo Manufacturing Co. (1983), Brock v. Mr. W Fireworks, Inc. (1987)
14 federal appellate · 14 district · 5 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. § 217 · 29 U.S.C. § 251 (Employee Commuting Flexibility Act of 1996) · 29 U.S.C. § 255
Relies on Ohio Bureau of Employment Services v. Hodory · Gompers v. Bucks Stove & Range Co. · McComb v. Jacksonville Paper Co. · United States v. Silk · Rutherford Food Corp. v. McComb
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1) the degree of the alleged employer’s right to control the manner in which the work is to be performed; 2) the alleged employee’s opportunity for profit or loss depending upon his managerial skill; 3) the alleged employee’s investment in equipment or materials required for his task, or his employment of helpers; 4) whether the service rendered requires a special skill; 5) the degree of permanence of the working relationship; 6) whether the service rendered is an integral part of the alleged employer’s business.”
14 later decisions quote this exact passage · from the majority“consider whether, as a matter of economic reality, the individuals 'are dependent upon the business to which they render service.'”
3 later decisions quote this exact passage · from the majority“consider whether, as a matter of economic reality, the individuals 'are dependent upon the business to which they render service.' " DialAmerica, 757 F.2d at 1382 (quoting Sureway Cleaners, 656 F.2d at 1370 ). See also Bartels v. Birmingham, 332 U.S. 126, 130 , 67 S.Ct. 1547, 1550 , 91 L.Ed. 1947 (1947); Usery v. Pilgrim Equipment Co., 527 F.2d 1308, 1311 (5th Cir.), cert. denied, 429 U.S. 826 , 97 S.Ct. 82 , 50 L.Ed.2d 89 (1976); Mednick v. Albert Enterprises, Inc., 508 F.2d 297, 299 (5th Cir.1975). 21 The district court applied the six-part multifactor "economic realities”
2 later decisions 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.