Legal Opinion

Falk v. Brennan

Supreme Court of the United States

Decided December 5, 1973No. 72-844PublishedCited by 255 opinions

1Opinion of the CourtJustice Stewart

The Secretary of Labor initiated this action against the petitioners, partners in a real estate management company, for an injunction against future violations of various provisions of the Fair Labor Standards Act of 1938, 52 Stat. 1060, as amended, 29 U. S. C. § 201 et seq., and for back wages allegedly due to employees affected by past violations of the Act.1 The petitioners’ defense was that they are not “employers” 2 of the employees involved, and that their business is not a single “enterprise” that is subject to the Act’s requirements. This latter contention brought together two…

2Cases cited3 opinions

  1. Brennan v. Arnheim & Neely, Inc.Supreme Court of the United States · 1973
  2. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Savannah Bank & Trust Company of SavannahCourt of Appeals for the Fifth Circuit · 1966
  3. George P. Shultz, Secretary of Labor, United States Department of Labor v. E. E. Falk, Individually and as a Partner in Drucker and FalkCourt of Appeals for the Fourth Circuit · 1971

3Cited by255 opinions

  1. Louis Carter v. Dutchess Community CollegeCourt of Appeals for the Second Circuit · 1984
  2. Donovan v. AgnewCourt of Appeals for the First Circuit · 1983
  3. Patricia Thompson v. Real Estate Mortgage NetworkCourt of Appeals for the Third Circuit · 2014
  4. Elizabeth Dole, Secretary of Labor, United States Department of Labor v. Elliott Travel & Tours, Inc. And Jared SchubinerCourt of Appeals for the Sixth Circuit · 1991
  5. Kerr v. Marshall University Board of GovernorsCourt of Appeals for the Fourth Circuit · 2016

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