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Zheng v. Liberty Apparel Co.

In Zheng v. Liberty Apparel Co., the District Court used a four-part test to determine that the Liberty defendants were not joint employers with contractor corporations of certain garment workers. The federal Court of Appeals vacated the District Court's decision and remanded the case back to the District Court for consideration to include six additional factors. Name and briefly discuss the test utilized by the Court of Appeals

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In Zheng v. Liberty Apparel Co., the District Court used a four-part test to determine that the Liberty defendants were not joint employers with contractor corporations of certain garment workers. The federal Court of Appeals vacated the District Courtâ??s decision and remanded the case back to the District Court for consideration to include six additional factors. Name and briefly discuss the test utilized by the Court of Appeals.

The test used by the Court of Appeals is called the Rutherford test. This test is based on a Supreme Court decision in Rutherford Food Corporation v. MxXomb. The six factors that were proposed by the Second Circuit to be considered are" (1) whether Liberty's premises and ...

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