Zumerling v. Devine’s Empirical Analysis
769 F.2d 745 · 1985
Citation profile
21 federal appellate · 12 district · 1 state decisions
How this case has been cited
Cited by 106 later decisions — most recently December 2021 · most notably Saraco v. United States (1995), Rexford Rand Corp. v. Ancel (1995)
21 federal appellate · 12 district · 1 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 28 U.S.C. § 1295 · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 29 U.S.C. § 207 · 29 U.S.C. § 216 · 29 U.S.C. § 259 · 5 U.S.C. § 5545 (Administrative Procedure Act of 1946)
Relies on United States v. Testan · United States v. Mitchell · Romano v. United States · United States v. Vogel Fertilizer Co. · Commonwealth of Pennsylvania, by William Sheppard, Insurance Commissioner v. National Association of Flood Insurers, an Unincorporated Association
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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(k) No public agency shall be deemed to have violated subsection (a) of this section with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities ... if— (1) in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed 240 hours; or (2) in the case of such an employee to whom a work period of at least 7 but less than 28 days applies, in his work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as 240 hours to 28 days, compensation at a rate not less than one and one-half times the regular rate at which he is employed.”
2 later decisions quote this exact passage“Notwithstanding any other provision of this chapter, or any other law, the Director of the Office of Personnel Management is authorized to administer the provisions of this chapter with respect to any individual employed by the United States.”
2 later decisions quote this exact passage“only mandates ... in total one and one-half times his regular rate for each overtime hour, it does not indicate that he must receive this amount in addition to the overtime compensation he already receives”
2 later decisions quote this exact passage
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.