Berg v. Newman’s Empirical Analysis
982 F.2d 500 · 1992
Citation profile
3 federal appellate · 1 district ·
How this case has been cited
Cited by 16 later decisions — most recently December 2014
3 federal appellate · 1 district ·
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 Adickes v. S. H. Kress & Co. · Corning Glass Works v. Brennan · Mingus Constructors, Inc. v. United States · Colley v. National Bank of Texas · Trans World Airlines, Inc. v. Independent Federation of Flight Attendants
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Primary duty test. The primary duty test is met if the employee’s work— (1) Significantly affects the formulation or execution of management programs or policies; or (2) Involves management or general business functions or supporting services of substantial importance to the organization serviced; or (3) Involves substantial participation in the executive or administrative functions of a management official.”
2 later decisions quote this exact passage · from the majority“[A]n advisor or assistant to management, a representative of management, or a specialist in a management or general business function or supporting service, ... [who], meets all ... of the following criteria: (a) Primary duty test. The primary duty test is met if the employee’s work— (1) Significantly affects the formulation or execution of management programs or policies; or (2) Involves management or general business functions or supporting services of substantial importance to the organization serviced; or (3) Involves substantial participation in the executive or administrative functions of a management official. (b) Nonmanual work test. The employee performs office or other predominantly nonmanual work which is— (1) Intellectual and varied in nature; or (2) Of a specialized or technical nature that requires considerable special training, experience, or knowledge. (c) Discretion and independent judgment test. The employee frequently exercises discretion and independent judgment, under only general supervision, in performing the normal day-to-day work.”
1 later decision quote this exact passage · from the majority“The record does not suffice to show that appellants’ day-to-day duties fall within the administrative exemption. The Government’s evidence consists of appellants’ job description and two conclusory statements from Air Force classifiers. The Government, however, presents no evidence describing appellant’s specific job duties. The general job description lacks specific facts about appellants’ day-to-day activities. Similarly, the Air Force classifiers supply little, if any, factual basis for their conclusions that appellants fit within the exemption. The record provides little, if any, evidence of appellants’ supervisory or managerial functions on a daily basis. Nor does the record show that appellants’ duties require frequent exercise of discretion and independent judgment.”
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.