Legal Opinion
Robert W. West v. Safeway Stores, Inc.
Court of Appeals for the Fifth Circuit
Decided January 2, 1980No. 78-3359PublishedCited by 14 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge.
The district court below dismissed appellant’s action to secure a 40 hour work week pursuant to 38 U.S.C. § 2021. Because we hold that a 40 hour work week was guaranteed to the appellant despite his National Guard duties and that such a guarantee is an incident or advantage of employment within the meaning of § 2021, we reverse.
The facts in this case are largely undisputed. The appellant has been a member of the National Guard for thirteen years and, as such, is required to attend drill sessions one weekend per month. ' These sessions do not occur at a regular time…
2Cases cited11 opinions
- Fishgold v. Sullivan Drydock & Repair Corp.Supreme Court of the United States · 1946
- Fed. Sec. L. Rep. P 95,745 Dean Woods, and All Other Persons Similarly Situated v. Covington County Bank, Edward Hoglund v. Covington County BankCourt of Appeals for the Fifth Circuit · 1976
- Alabama Power Co. v. DavisSupreme Court of the United States · 1977
- Kidder v. Eastern Air Lines, Inc.District Court, S.D. Florida · 1978
- Alan Carney v. Cummins Engine Company, Inc.Court of Appeals for the Seventh Circuit · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Monroe v. Standard Oil Co.Supreme Court of the United States · 1981
- Rogers v. City of San AntonioCourt of Appeals for the Fifth Circuit · 2004
- Kenneth H. Waltermyer v. Aluminum Company of AmericaCourt of Appeals for the Third Circuit · 1986
- Kenneth M. Allen v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1998
- Roger D. Monroe v. The Standard Oil CompanyCourt of Appeals for the Sixth Circuit · 1980
9 more not listed; retrieve them via the Exa API.