[Download] "Zheng v. Liberty Apparel Company Inc." by 2003 United States Court of Appeals for the Second Circuit August Term * eBook PDF Kindle ePub Free

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eBook details

• Title: Zheng v. Liberty Apparel Company Inc.
• Author : 2003 United States Court of Appeals for the Second Circuit August Term
• Release Date : January 30, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 87 KB

Description

Argued: January 16, 2003 This case asks us to decide whether garment manufacturers who hired contractors to stitch and finish pieces of clothing were ""joint employers"" within the meaning of the Fair Labor Standards Act of 1938 (""FLSA""), 29 U.S.C. § 201 et seq., and New York law. Plaintiffs, garment workers in New York City who were directly employed by the contractors, claim that the manufacturers were their joint employers because they worked predominantly on the manufacturers' garments, they performed a line-job that was integral to the production of the manufacturer's product, and their work was frequently and directly supervised by the manufacturers' agents. The manufacturers respond that the contractors, who, among other things, hired and paid plaintiffs to assemble clothing for numerous manufacturers, were plaintiffs' sole employers. Both plaintiffs and the manufacturers moved for summary judgment on the issue of joint employment. The United States District Court for the Southern District of New York (Richard Conway Casey, Judge), applying the four-factor test set forth in Carter v. Dutchess Community College, 735 F.2d 8 (2d Cir. 1984), granted the manufacturers' motion, and held that the manufacturers could not be held liable for violations of the FLSA or its New York statutory analogues. The District Court also declined to exercise supplemental jurisdiction over a surviving New York claim.

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