WATSON
v.
MASSACHUSETTS MUTUAL LIFE INSURANCE CO.; AND WATSON V. MASSACHUSETTS MUTUAL LIFE INSURANCE CO.

U.S. | 1944-05-22
Nos. 906; No. 907
322 U.S. 746 Supreme Court of the United States (1944) Positive Treatment
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  • Paulina Castillo v. Ercell Givens, 704 F.2d 181 (5th Cir. 1983)
    …is employees.” (citing Mitchell v. Reynolds, 125 F.Supp. 337, 340 (W.D.Ark.1954)). Furthermore, an employer must decide at his peril which employees are covered by the Act. George Lawley & Son Corp. v. South, 140 F. 2d 439 (1st Cir.), cert. denied, 322 U.S. 746, 64 S.Ct. 1156, 88 L.Ed. 1578 (1944). In Anderson v. Mount Clemens Pottery Co., 328 U.S. 680, 66 S.Ct. 1187, 1192, 90 L.Ed. 1515 (1946), the Supreme Court specified the burden of proof in cases where the employer has failed to maintain the records…

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