Legal Opinion

Shultz v. Mack Farland & Sons Roofing Co.

Court of Appeals for the Fifth Circuit

Decided July 9, 1969No. 26884PublishedCited by 31 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

The question for decision is whether the two related defendant corporations constitute an “enterprise” within the meaning of the Fair Labor Standards Act.1 We hold that they do and reverse the judgment below.

The Secretary of Labor brought this action under Section 17 of the Act2 to enjoin (1) Mack Farland & Sons Roofing Co., Inc., (2) Mack Farland Roofing Co., Inc., and (3) William A. McFarland from violating the overtime and record-keeping requirements of the Act. The Secretary also sought to restrain the defendant from continuing to withhold unpaid compensation due…

2Cases cited13 opinions

  1. Mitchell v. Lublin, McGaughy & AssociatesSupreme Court of the United States · 1959
  2. Mitchell v. C. W. Vollmer & Co.Supreme Court of the United States · 1955
  3. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Raymond W. Jones and v. A. Sauls, Inc.Court of Appeals for the Fifth Circuit · 1965
  4. Sakrete of Northern California, Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1964
  5. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Empire Gas Engineering CompanyCourt of Appeals for the Fifth Circuit · 1958

8 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Raymond J. Donovan, Secretary of Labor, United States Department of Labor, and 177 Named Employees v. Grim Hotel Company, a CorporationCourt of Appeals for the Fifth Circuit · 1984
  2. Sendhabhai Patel v. Dr. Alex Wargo, Etc.Court of Appeals for the Eleventh Circuit · 1986
  3. Perez v. Sanford-Orlando Kennel Club, Inc.Court of Appeals for the Eleventh Circuit · 2008
  4. Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Brown Equipment and Service Tools, Inc.Court of Appeals for the Fifth Circuit · 1982
  5. Landry v. Swire Oilfield Services, L.L.C.District Court, D. New Mexico · 2017

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