Legal Opinion
Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Great American Discount and Credit Company, Inc.
Court of Appeals for the Fifth Circuit
Decided April 9, 1973No. 72-2177PublishedCited by 22 opinions
1Opinion of the Court
RONEY, Circuit Judge:
The Government appeals from the District Court’s determination that de fendant’s employment agencies are entitled to the “retail or service establishment” exemption in Section 13(a)(2) of the Fair Labor Standards Act. 29 U.S. C.A. § 213(a) (2). We reverse.
Not only is this case one of first impression in this Court, but we are told that no other Court of Appeals has addressed the application of the retail or service establishment exemption to employment agencies.
Our analysis of the problem causes us to conclude that Congress did not intend to exempt employment agencies…
2Cases cited16 opinions
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
- Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
- Lewis v. MartinSupreme Court of the United States · 1970
- Mitchell v. Kentucky Finance Co.Supreme Court of the United States · 1959
- Idaho Sheet Metal Works, Inc. v. WirtzSupreme Court of the United States · 1966
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- John T. Dunlop, Secretary of Labor, United States Department of Labor v. City Electric, Inc., and Paul R. RolandCourt of Appeals for the Fifth Circuit · 1976
- Case & Company, Inc. v. The Board Of Trade Of The City Of ChicagoCourt of Appeals for the Seventh Circuit · 1975
- St. Louis Bank for Cooperatives v. United StatesUnited States Court of Claims · 1980
- Rau v. Darling's Drug Store, Inc.District Court, W.D. Pennsylvania · 1975
- Constance Daniels v. Select Portfolio Servicing, Inc.Court of Appeals for the Eleventh Circuit · 2022
17 more not listed; retrieve them via the Exa API.