Legal Opinion
Robert B. Reich, Secretary of Labor U.S. Department of Labor v. American Driver Service, Inc., a Corporation James I. Roberts, Individually
Court of Appeals for the Ninth Circuit
Decided August 30, 1994No. 92-35369PublishedCited by 23 opinions
1Opinion of the Court
Opinion by Judge TANG; Dissent by Judge FARRIS.
TANG, Senior Circuit Judge:
The Secretary of Labor appeals the district court’s decision to include within the Secretary of Transportation’s jurisdiction, the drivers, fuelers and utility workers of American Driver Services, Inc. (“ADS”), a motor contract carrier. The district court’s decision exempts ADS from the maximum hours provisions of the Fair Labor Standards Act (“FLSA”). The Secretary of Labor argues that the Secretary of Transportation’s own interpretation of the extent of his jurisdiction requires that a motor contract carrier actually…
2Cases cited14 opinions
- A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
- William Michael Jones v. Union Pacific Railroad Company, United Transportation UnionCourt of Appeals for the Ninth Circuit · 1992
- Arthur Coleman v. Jiffy June Farms, Inc., James D. Hodgson, Secretary of Labor, United States Department of Labor v. Jiffy June Farms, Inc.Court of Appeals for the Fifth Circuit · 1972
- Morris v. McCombSupreme Court of the United States · 1948
- Burlington Northern, Inc., a Delaware Corporation v. Weyerhaeuser Company, a Washington CorporationCourt of Appeals for the Ninth Circuit · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Michael Bilyou, Individually & on Behalf of Others Similarly Situated v. Dutchess Beer Distributors, Inc.Court of Appeals for the Second Circuit · 2002
- Johnson v. HIX WRECKER SERVICE, INC.Court of Appeals for the Seventh Circuit · 2011
- Marvin Klitzke v. Steiner Corporation, Dba American LinenCourt of Appeals for the Ninth Circuit · 1997
- Joseph Resch v. Krapf's Coaches IncCourt of Appeals for the Third Circuit · 2015
- Rossi v. Associated Limousine Services, Inc.District Court, S.D. Florida · 2006
18 more not listed; retrieve them via the Exa API.