Clark v. Jm Benson Co Inc’s Empirical Analysis
789 F.2d 282 · 1986
Citation profile
22 federal appellate · 15 district · 2 state decisions
How this case has been cited
Cited by 73 later decisions — most recently March 2019 · most notably Smith v. First Union National Bank (2000), Reich v. John Alden Life Insurance (1997)
22 federal appellate · 15 district · 2 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. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 207
Relies on Texas Department of Community Affairs v. Burdine · Corning Glass Works v. Brennan · Walling US v. General Industries Co · Idaho Sheet Metal Works, Inc. v. Wirtz
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) ... describes those types of activities relating to the administrative operations of a business as distinguished from “production” ... work. In addition to describing the types of activities, the phrase limits the exemption to persons who perform work of substantial importance to the management or operation of the business of his employer or his employer’s customers. (b) The administrative operations of the business include the work performed by so-called white collar employees engaged in “servicing” a business, as, for, example, advising the management, planning, negotiating, representing the company, purchasing, promoting sales, and business research and control.... (c) As used to describe work of substantial importance to the management or operation of the business, the phrase ... is not limited to persons who participate in the formulation of management policies or in the operation of the business as a whole. Employees whose work is “directly related” to management policies or to general business operations include those [whose] work affects policy or whose responsibility it is to execute or carry it out....”
4 later decisions quote this exact passage“directly related to management policies or general business operations”
3 later decisions quote this exact passage“Nothing in the FLSA compels any particular time frame for determining an employee’s primary duty. To the extent the regulations refer to time at all, it is only to provide that ‘a good rule of thumb [is] that primary duty means the major part, or over 50 percent, of the employee’s time.’ 29 C.F.R. §§ 541.108 , 541.206.... [I]n fact, the regulations explicitly state ‘time alone, however, is not the sole test,’ and that any assessment of primary duty should ‘be based on all the facts in a particular case.’ Id. It is clear from this language that the primary duty is meant to be assessed by the totality of the circumstances.”
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.