740 F. Supp. 2d 683 - Jacobson v. Comcast Corp.’s Empirical Analysis
2010
Citation profile
3 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 203
Relies on Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Tennessee Coal Iron Co v. Muscoda Local No 123 Sloss-Sheffield Steel & Iron Co · Rutherford Food Corp. v. McComb · Tony and Susan Alamo Foundation v. Secretary of Labor · Bonnette v. California Health & Welfare Agency
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether the premises and equipment of the purported joint employer are used for the plaintiffs’ work; (2) whether the contractors had a business that could or did shift as a unit from one putative joint employer to another; (3) the extent to which plaintiffs performed a discrete line-job that was integral to the process of production for the purported joint employer; (4) whether responsibility under the contracts could pass from one subcontract to another without material changes; (5) the degree to which the purported joint employer or their agents supervised the plaintiffs’ work; and (6) whether plaintiffs worked exclusively or predominantly for the purported joint employer.”
1 later decision quote this exact passage · from the majority“Comcast does not issue the technicians’ pay checks, pay stubs, or W-2s, nor do the technicians submit pay records or timesheets to Comcast.... To find that th[e] arrangement [to pay contractors on a per service basis] places Comcast in control of [the technicians’] wages would dramatically expand the FLSA to subsume traditional independent contractor relationships.... The [Contractors], not Comcast, determine whether to pay their employees on a per service or salary basis, and at what rate.”
1 later decision quote this exact passage · from the majority“An employee's income, received from its direct employer, will always be 'determine[d] and influence[d]' by what a contractor decides to pay the direct employer for services rendered by the employee. To find that this arrangement places Comcast in control of Plaintiffs' wages would dramatically expand the FLSA to subsume traditional independent contractor relationships.”
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.