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United States v. Silk, 331 U.S. 704 (1947)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Silk, 331 U.S. 704 (1947)
United States v. Silk No. 312 Argued March 10, 1947 Decided June 16, 1947 * 331 U.S. 704
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE TENTH CIRCUIT
Syllabus
1. In determining whether particular workers are independent contractors or "employees" within the meaning of the Social Security Act, the same rules are applicable as were applied by this Court to the National Labor Relations Act in Labor Board v. Hearst Publications, 322 U.S. 111. Pp. 713-714.
2. Unloaders of coal who provide their own tools, work only when they wish to work, and are paid an agreed price per ton to unload coal from railroad cars, held, in the circumstances of this case, to be "employees" within the meaning of the Social Security Act. Pp. 706, 716-718.
3. Truck drivers who own their own trucks, pay the expenses of their operation, employ and pay their own helpers, and receive compensation on a piecework or percentage basis, held, in the circumstances of these cases, to be independent contractors, and not "employees" within the meaning of the Social Security Act. Pp. 706-710, 718-719.
155 F.2d 356 affirmed in part and reversed in part. 156 F.2d 412 affirmed.
No. 312. The District Court granted respondents a judgment for a refund of social security taxes. The Circuit Court of Appeals affirmed. 155 F.2d 356. This Court granted certiorari. 329 U.S. 702. Affirmed in part and reversed in part, p. 719.
No. 673. The District Court granted respondent a judgment for a refund of social security taxes. The Circuit Court of Appeals affirmed. 156 F.2d 412. This Court granted certiorari. 329 U.S. 709. Affirmed, p. 719.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Silk, 331 U.S. 704 (1947) in 331 U.S. 704 331 U.S. 705. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=3DCUKMKR5PCF292.
MLA: U.S. Supreme Court. "Syllabus." United States v. Silk, 331 U.S. 704 (1947), in 331 U.S. 704, page 331 U.S. 705. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3DCUKMKR5PCF292.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Silk, 331 U.S. 704 (1947). cited in 1947, 331 U.S. 704, pp.331 U.S. 705. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=3DCUKMKR5PCF292.
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