United States v. Elledge

BREITEN STEIN, Circuit Judge.

The issue is whether an enterprise operated by plaintiff-appellee Elledge is a preschool within the coverage of the Fair Labor Standards Act, FLSA, 29 U.S.C. § 203(s)(5). Elledge sought, in a declaratory judgment action, a ruling that she did not operate a preschool. The Secretary of Labor answered that the FLSA applied and counterclaimed for enforcement. The parties stipulated that, if the enterprise were a preschool, plaintiff had violated FLSA. The trial court held that the enterprise was not a preschool and, hence, was beyond FLSA coverage. We reverse.

Plaintiff…