Donovan v. Brandel’s Empirical Analysis
736 F.2d 1114 · 1984
Citation profile
20 federal appellate · 6 state decisions
How this case has been cited
Cited by 63 later decisions — most recently December 2020 · most notably 48 Cal. 3d 341 - S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989), Dole v. Elliott Travel & Tours, Inc. (1991)
20 federal appellate · 6 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. § 203 · 29 U.S.C. § 211 · 29 U.S.C. § 212
Relies on United States v. Silk · Rutherford Food Corp. v. McComb · Real v. Driscoll Strawberry Associates, Inc. · Castillo v. Givens · John T. Dunlop, Secretary of Labor v. Carriage Carpet Company
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"1) the permanency of the relationship between the parties; 2) the degree of skill required for the rendering of the services; 3) the worker's investment in equipment or materials for the task; 4) the worker's opportunity for profit or loss, depending upon his skill; ... 5) the degree of the alleged employer's right to control the manner in which the work is performed ...;" and 6) "whether the service rendered is an integral part of the alleged employer's business."”
6 later decisions quote this exact passage · from the majority“a broadly remedial and humanitarian statute ... designed to correct 'labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers.'”
3 later decisions quote this exact passage · from the majority“[t]he issue of the employment relationship does not lend itself to a precise test, but is to be determined on a case-by-case basis upon the circumstances of the whole business activity.”
3 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.