McGraw v. Warren County Oil Co.
| Citation | 707 F.2d 990 |
| Decision Date | 26 May 1983 |
| Docket Number | No. 82-2189,82-2189 |
| Parties | 32 Fair Empl.Prac.Cas. 1801, 32 Empl. Prac. Dec. P 33,626 Verlyn McGRAW and Mary E. McGraw, Appellants, v. WARREN COUNTY OIL COMPANY, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Thomas C. Farr, Peddicord, Simpson & Sutphin, P.C., Des Moines, Iowa, for appellee.
Keith E. Uhl, Pamela D. Griebel, Scalise, Scism, Gentry, Brick & Brick, Des Moines, Iowa, for appellants.
Before McMILLIAN, JOHN R. GIBSON and FAGG, Circuit Judges.
Verlyn McGraw and Mary E. McGraw appeal from the district court's 1 dismissal of their action brought pursuant to the Age Discrimination in Employment Act (the Act), 29 U.S.C. Secs. 621-634. The district court held that Warren County Oil Company was not an "employer" within the meaning of the Act. We affirm.
The Act provides in part that "[t]he term 'employer' means a person engaged in an industry affecting commerce who has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year." Id. Sec. 630(b). The district court found that Warren County Oil did not have the requisite number of employees for the statutory minimum period in the calendar year of 1979 or 1980. The district court rejected appellants' assertions that directors of the corporation were "employees," that part-time workers who did not work each day of the work week were "employees" for the entire week, and that "calendar year" was any period of twelve consecutive calendar months and not the period from January 1 through December 31.
After reviewing the record and the briefs and listening to oral argument, we conclude that the district court did not err in dismissing appellants' case. See Zimmerman v. North American Signal Co., 704 F.2d 347 (7th Cir.1983) (). Accordingly, we affirm on the basis of the district court's well-reasoned opinion. See 8th Cir.R. 14.
1 The Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa.
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...is routinely defined as the period of 12 months between January 1 and December 31, inclusive."); see also McGraw v. Warren County Oil Co., 707 F.2d 990, 991 (8th Cir.1983) (per curiam) (affirming the district court's decision regarding the Age Discrimination in Employment Act and its reject......
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...(Id.; filing 70 at ¶ 5.) I, however, do not agree that the weeks may be aggregated between two different years. In McGraw v. Warren County Oil Co., 707 F.2d 990 (8th Cir.1983), the Eighth Circuit rejected, in an age discrimination case, the assertion that a "`calendar year' was any period o......
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...the relevant calendar years are 1991 and 1992, considered from January 1, 1991, through December 31, 1992. See McGraw v. Warren County Oil Co., 707 F.2d 990, 991 (8th Cir.1983) (holding that identical language in the ADEA refers to the period from January 1 through December 31 and not any 1......
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The law
...Crossing years was not contemplated by the ADEA. McGraw v. Warren County Oil Co. , 32 Fair Empl. Prac. Cas (BNA) 1798 (S.D. Iowa) aৼ’d , 707 F.2d 990 (8th Cir. 1983); Rogers v. Sugar Tree Products, Inc. , 7 F.3d 577 (7th Cir. 1993). The ADEA does not count members of the Board of Directors ......