Secretary of Labor v. Lauritzen case brief summary notes

Secretary of Labor v. Lauritzen case brief notes

*This case summary is made of notes to the case.  If you have a better case brief that you would like to supply, please post it in the comments below, or e-mail it to admin@lawschoolcasebriefs.net

Recommended Outlines for Employment and Labor Law:
Employment Law in a Nutshell
Gilbert Law Summaries: Labor Law

1. Secretary of Labor v. Lauritzen (7C 1987) 
   
   1. Court must decide if migrant pickle workers are EEs under FLSA.
   2. Court does not use the same “right to control” test from Darden.
   3. FLSA defines EE different from ERISA – to employ means “suffer or permit to work.”
   4. This definition and the remedial purpose behind the statute justify a broader definition of EE than under common law.
   5. For FLSA, courts should look to the economic reality, which includes many of the same factors as control test but also:
      1. Opportunity for profit or loss
      2. Capital investment
      3. Degree of skill required
      4. Permanency
      5. Extent to which work is integral to ER’s overall business
   6. Court finds that decisive factor is really economic dependence of EEs
   7. Economic dependence is the focus of all the other considerations
   8. Easterbrook concurrence – Doesn’t like dependence test and also thinks origin of common law test (vicarious liability) doesn’t work. Should look to purpose of FLSA to determine coverage. ?
2. Is this test really different from common law control test?
   1. Harper thinks both tests get at the same thing substantively – whether someone is operating an as an independent business owner.
      1. The factors of control test and many of the factors of economic realities test ask whether party can control their own time, control profits, make decisions, etc.
      2. This matters because of Congressional intent
      3. Policy distinction between independent entrepreneur and someone who is economically dependent like EE
   2. But formal law suggests more expansive scope under FLSA
1. EE or ER?
   
   

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This case summary is made of notes to the case.  If you have a better case brief that you would like to supply, please post it in the comments below, or e-mail it to admin@lawschoolcasebriefs.net

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