Goldberg v. Barger Construction Co.

CRAVEN, Chief Judge.

Are employees of a construction company engaged in building a new manufacturing plant in an occupation, closely related to and directly essential to the production of goods for interstate commerce ?

No talismanic or abstract tests, embodied in tags or formulae, can do service for judgment or dispense with painstaking appraisal of all the variant elements which must be considered to determine coverage under the Fair Labor Standards Act. Mitchell v. H. B. Zachry Co., 362 U.*753S. 310, 80 S.Ct. 739, 4 L.Ed.2d 753; 29 U.S.C.A. § 201 et seq.

With the consent of the parties and…