ROBINSON, BY HIS MOTHER AND NEXT FRIEND, ROBINSON
v.
ARMAND ET AL.

U.S. | 1982-02-22
No. 81-5967
455 U.S. 931 Supreme Court of the United States (1982) Positive Treatment
Cited by 8 cases

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  • Sapper v. Lenco Blade, Inc., 704 F.2d 1069 (9th Cir. 1983)
    …presumption that an employee who is not paid hourly wages worked a minimum of forty hours per week. This determination involves a question of law. See C. Waggoner v. Northwest Excavating, Inc., 642 F. 2d 333, 337 (9th Cir.1981); vacated and remanded 455 U.S. 931, 102 S.Ct. 1417, 71 L.Ed.2d 640 (1982); reaff’d, 685 F. 2d 1224 (9th Cir.1982). The trustees contend that this court has invariably upheld the requirement of contributions to the fund based on forty hours per week for employees paid by any “method…
  • Affiliated Cap. Corp. v. City OF Houston, 735 F.2d 1555 (5th Cir. 1984)
    …were breaking new ground and were not clearly established. Moreover, the guidance from the Supreme Court was limited because Lafayette was a plurality opinion. See Hybud Equip. v. City of Akron, 654 F. 2d 1187, 1195 (6th Cir.1981), judgment vacated, 455 U.S. 931, 102 S.Ct. 1416, 71 L.Ed.2d 640 (1982). It was not until Community Communications Co. v. Boulder, 455 U.S. 40, 102 S.Ct. 835, 70 [*1570] L.Ed.2d 810 (1982), that it became clearly established that a home rule city was not entitled to blanket Parker…
  • …n terms, the scope of work clause preserve[d] the painters’ domain from encroachment by anyone, including both other, non-painter, employees and subcontractors.” See Waggoner v. Northwest Excavating, Inc., 642 F. 2d 333, 338 (9th Cir.1981), vacated, 455 U.S. 931, 102 S.Ct. 1417, 71 L.Ed.2d 640 (1982), aff'd on remand, 685 F. 2d 1224, cert. denied, 459 U.S. 1109, 103 S.Ct. 737, 74 L.Ed.2d 959 (1983). See also UAW, Local 391 v. Webster Electric Co., 299 F. 2d 195, 197 (7th Cir.1962) (collective bargaining a…

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