Legal Opinion
George P. Schultz, Secretary of Labor, United States Department of Labor v. Jack Smith's Automatic Transmission Service, Inc., a Corporation
Court of Appeals for the Fourth Circuit
Decided February 10, 1970No. 13321_1PublishedCited by 3 opinions
1Opinion of the Court
SOBELOFF, Circuit Judge:
The Secretary of Labor, appellant here, brought an action in the District Court under § 16(c) of the Fair Labor Standards Act 1 to recover minimum wages allegedly due one employee and unpaid overtime compensation allegedly due another employee of the appellee, Jack Smith’s Automatic Transmission Service, Inc. The appellee claims that it is a “retail or service establishment,” hence exempted by § 13(a) (2) from the Act’s coverage. 2
The District Court agreed with appellee’s contention and the Secretary of Labor has appealed, asserting that appellee’s business is not…
2Cases cited13 opinions
- Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
- Roland Electrical Co. v. WallingSupreme Court of the United States · 1946
- Guess v. MontagueCourt of Appeals for the Fourth Circuit · 1943
- James P. Mitchell, Secretary of Labor, United States Department of Labor v. C & P Shoe CorporationCourt of Appeals for the Fifth Circuit · 1961
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. F. C. JerniganCourt of Appeals for the Fifth Circuit · 1968
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3Cited by3 opinions
- AFL-CIO v. DonovanDistrict Court, District of Columbia · 1984
- American Federation of Labor & Congress of Industrial Organizations v. DonovanDistrict Court, District of Columbia · 1984
- Ruan Financial Corp. v. United StatesDistrict Court, S.D. Iowa · 1990