Legal Opinion
Eisenberg v. Advance Relocation & Storage, Inc.
Court of Appeals for the Second Circuit
Decided December 26, 2000No. 00-7216PublishedCited by 84 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
We consider the question of whether the plaintiff-appellant is an “employee” within the meaning of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq. (“Title VII”), and New York Human Rights Law, Exec. Law §§ 290, et seq. (“NYHRL”). We hold that, in determining whether a worker is an employee within the meaning of Title VII and the NYHRL, courts ordinarily should place particular weight on the extent to which the hiring party controls the manner and means by which the worker completes her assigned tasks, rather than on how she is treated for tax purposes…
2Cases cited22 opinions
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
- Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
- J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
- Clinton Cole v. Burns International Security ServicesCourt of Appeals for the D.C. Circuit · 1997
17 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Brown v. Daikin America Inc.Court of Appeals for the Second Circuit · 2014
- Salamon v. Our Lady of Victory HospitalCourt of Appeals for the Second Circuit · 2008
- Horror Inc. v. MillerCourt of Appeals for the Second Circuit · 2021
- Felder v. USTACourt of Appeals for the Second Circuit · 2022
- Alberty-Vélez v. Corporación De Puerto Rico Para La Difusión PúblicaCourt of Appeals for the First Circuit · 2004
79 more not listed; retrieve them via the Exa API.