Rhea Lana, Inc. v. Department of Labor

PILLARD, Circuit Judge:

Plaintiff Rhea Lana’s periodic tag sales of used children’s toys, clothing, and furnishings' — staffed principally by mothers and grandmothers as salespeople — are reminiscent of many a charitable fundrais-ing event. The difference is that Rhea Lana runs and franchises its sales for a profit. The Department of Labor has for several decades read the Fair Labor Standards Act to prohibit for-profit, private-sector entities from using volunteer workers. Consistent with that view, the Department sent Rhea Lana a letter informing it that its failure to pay its salespeople…