Donovan v. Burger King Corp.’s Empirical Analysis
672 F.2d 221 · 1982
Citation profile
51 federal appellate · 17 district · 9 state decisions
How this case has been cited
Cited by 120 later decisions — most recently August 2023 · most notably 34 Cal. 4th 319 - Sav-On Drug Stores, Inc. v. Superior Court (2004), Morgan v. Family Dollar Stores, Inc. (2008)
51 federal appellate · 17 district · 9 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
Relies on Corning Glass Works v. Brennan · Walling US v. General Industries Co · Hodgson v. Corning Glass Works · Anderson v. Federal Cartridge Corp.
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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]n employee who is compensated on a salary basis at a rate of not less than $250 per week, ... exclusive of board, lodging, or other facilities, and whose primary duty consists of the management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other employees therein shall be deemed to meet all requirements of this section.”
8 later decisions quote this exact passage · from the majority““(a) Whose primary duty consists of the management of the enterprise in which he is employed or of a customarily recognized department [or] subdivision thereof; and “(b) Who customarily and regularly directs the work of two or more other employees therein; and “(c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and “(d) Who customarily and regularly exercises discretionary powers; and “(e) Who does not devote more than 20 percent, or, in the case of an employee of a retail or service establishment who does not devote as much as 40 percent, of his hours of work in the workweek to activities which are not directly and closely related to the performance of the work described in paragraphs (a) through (d) of this section . . . and “(f) Who is compensated for his services on a salary basis at a rate of not less than $155 per week . . . [provided, [t]hat an employee who is compensated on a salary basis at a rate of not less than $250 per week . . . and whose primary duty consists of the management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other employees therein, shall be deemed to meet all the requirements of this section.””
6 later decisions quote this exact passage · from the majority“has well-defined policies, and that tasks are spelled out in great detail, is insufficient to negate” the conclusion that captains have supervisory duties since”
6 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.