Donovan v. Gillmor

36 Citing cases

  1. Brock v. Lauritzen

    624 F. Supp. 966 (E.D. Wis. 1985)   Cited 10 times
    In Lauritzen, the court quoted with approval the analysis of Gillmor and rejected the narrow focus of Brandel on the harvesting phase of the farm operation.

    In reaching my decision I note that many courts have found migrant farm workers to be employees within the meaning of the FLSA. See e.g. Beliz v. W.H. McLeod Sons Packing Co., id., 765 F.2d 1317; Real v. Driscoll Strawberry Associates, Inc., id., 603 F.2d 748; Hodgson v. Griffin Brand of McAllen, Inc., 471 F.2d 235 (5th Cir. 1973), cert. denied, 414 U.S. 819, 94 S.Ct. 43, 38 L.Ed.2d 51; Hodgson v. Okada, 472 F.2d 965 (10th Cir. 1973); Donovan v. Gillmor, 535 F. Supp. 154 (N.D.Ohio 1982). In reaching my decision I am also mindful of the recent decision by the United States Court of Appeals for the Sixth Circuit in Donovan v. Brandel, 736 F.2d 1114 (6th Cir. 1984).

  2. Elizondo v. Podgorniak

    70 F. Supp. 2d 758 (E.D. Mich. 1999)   Cited 9 times
    Holding employer did not recruit workers where they only sought employment after hearing about defendants' operation by a stranger at a store

    Id. The court further called its factual record "unique," and "strikingly different" from Donovan v. Gillmor, 535 F. Supp. 154 (N.D.Ohio 1982), appeal dismissed 708 F.2d 723 (6th Cir. 1982), which held migrant pickle workers to be employees. Brandel, 736 F.2d at 1120 n. 11. In other words, Brandel did not call Gillmor wrong, just different.

  3. Sec'y. of Labor, U.S. Dept. v. Lauritzen

    835 F.2d 1529 (7th Cir. 1987)   Cited 232 times   8 Legal Analyses
    Holding that migrant pickle harvesters were integral to the business because they were an essential link in the eventual sale of the pickles

    In one case, however, Donovan v. Brandel, the Sixth Circuit affirmed the district court in classifying migrant workers harvesting pickles, under circumstances similar to those here, as independent contractors, not employees. 736 F.2d 1114 (6th Cir. 1984). Even in its own circuit, however, that case has been narrowed and distinguished. Although Donovan v. Gillmor, 535 F. Supp. 154 (N.D.Ohio), appeal dismissed, 708 F.2d 723 (6th Cir. 1982), was decided before Brandel, the pre- Brandel holding in Gillmor was thereafter reexamined by the same district court in 1986. After the Brandel decision was announced in that circuit, the district court reaffirmed its original, inconsistent, holding in an unpublished order.

  4. Haywood v. Barnes

    109 F.R.D. 568 (E.D.N.C. 1986)   Cited 99 times
    Holding that an "across the board" class award of liquidated damages under FLCRA's successor provision was not an attempt to use "fluid recovery"

    The record unquestionably demonstrates that the tasks regularly performed by the migrant workers were routine and that they constituted an integral phase of the normal operations of defendants' business. SeeCastillo v. Givens, 704 F.2d at 191; Donovan v. Gilmor, 535 F.Supp. 154, 162 (N.D.Ohio 1982), appeal dismissed, 708 F.2d 723 (6th Cir.1982). The hand harvest field labor of the plaintiffs was only one step in the multi-step production process used by defendants to produce their crops.

  5. Perez v. Howes

    7 F. Supp. 3d 715 (W.D. Mich. 2014)   Cited 9 times
    Holding that in responding to a summary judgment motion, defendant could not rely on affidavits of witnesses not disclosed in either Rule 26 initial disclosures or in response to plaintiff's interrogatories

    Id. at 1120. The court noted that a different result was reached in a district court case involving pickle harvesters, Donovan v. Gillmor, 535 F.Supp. 154 (N.D.Ohio 1982), “upon a record strikingly different tha[n] the thorough and pointed evidence” in the case before the court. Id.

  6. Matter of Kokesch

    411 N.W.2d 559 (Minn. Ct. App. 1987)   Cited 6 times

    Two district courts have determined they are employees. Brock v. Lauritzen, 624 F. Supp. 966, 968-70 (E.D.Wis. 1985); Donovan v. Gillmor, 535 F. Supp. 154, 160-63 (N.D. Ohio), appeal dismissed, 708 F.2d 723 (6th Cir. 1982). One circuit court of appeals has concluded they are independent contractors.

  7. Wilson v. Guardian Angel Nursing, Inc.

    No. 3:07-0069 (M.D. Tenn. Jul. 31, 2008)   Cited 6 times
    Considering what work lies at the heart of defendants' business

    Under the permanence prong, the duration of the working relationship is not as significant as the number of hours worked and the exclusivity of the working arrangement. Donovan v. Gillmor, 535 F. Supp 154, 162-63 (D.C. Ohio 1982)appeal dismissed, 708 F.2d 723 (6th Cir. 1982); Lauritzen, 835 F.2d at 1537. This is particularly true where the industry is such that work is partitioned among discrete projects, as here, where LPNs are assigned shifts for individual patients.

  8. Cavazos v. Foster

    822 F. Supp. 438 (W.D. Mich. 1993)   Cited 3 times
    In Cavazos, the court found it relevant that the defendant made row assignments to the harvesters, retained the power to fire workers, spent time in the fields during the harvest, and monitored the health of the vines and the need for irrigation.

    Id. at 1120. The court also declined to reverse "the contrary result in a similar factual situation in Donovan v. Gillmor, 535 F. Supp. 154 (N.D.Ohio 1982), appeal dismissed, 708 F.2d 723 (6th Cir. 1982)" and commented that the Gillmor decision, "rendered upon a motion for summary judgment, was made upon a record strikingly different that [sic] the thorough and pointed evidence in [the Brandel] case." Id. at 1120 n. 11.

  9. Colunga v. Young

    722 F. Supp. 1479 (W.D. Mich. 1989)   Cited 19 times   1 Legal Analyses
    Finding that plaintiffs, who were migrant workers engaged in the cutting, gathering, tying, and loading of evergreen boughs, were "agricultural workers" within the meaning of the AWPA because "they were engaged in the handling of horticultural commodities"

    29 U.S.C. § 203(e)(1); Donovan v. Brandel, 736 F.2d 1114, 1117-20 (6th Cir. 1984). See also McLaughlin v. Seafood, Inc., 861 F.2d 450, 452-53 (1988), amended, 867 F.2d 875, 876-77 (5th Cir. 1989); Secretary of Labor v. Lauritzen, 835 F.2d 1529, 1535-39 (7th Cir. 1987), cert. denied, ___ U.S. ____, 109 S.Ct. 243, 102 L.Ed.2d 232 (1988); Donovan v. Gillmor, 535 F. Supp. 154, 159-63 (N.D. Ohio), appeal dismissed, 708 F.2d 723 (6th Cir. 1982). 8. Young is liable to plaintiffs under the FLSA for unpaid minimum wages in the amount of $4,725.20. 29 U.S.C. § 206(a)(1), 215(a)(2), 216(b).

  10. News & Sun-Sentinel Co. v. Cox

    700 F. Supp. 30 (S.D. Fla. 1988)   Cited 18 times

    'Linker v. Custom-Bilt Machinery, Inc., 594 F. Supp. 894, 897 (E.D.Pa. 1984); see also, Donovan v. Gillmor, 535 F. Supp. 154, 159 (N.D.Ohio 1982), citing, Strasser v. Doorley, 432 F.2d 567, 569 (1st Cir. 1970). 13. At this late date, the Herald's attempt to befriend the Court must fail.