Robert B. Reich, Secretary of Labor, United States Department of Labor v. Miss Paula's Day Care Center, Inc., and Janice Hartman

BOGGS, Circuit Judge.

This case raises a question of statutory construction: when does a facility that cares for children younger than compulsory school age become a “preschool”? Under 29 U.S.C. § 203(s)(l)(B), “preschools” must comply with the same minimum-wage and maximum-hour employment standards that apply to other enterprises subject to the federal Fair Labor Standards Act (“FLSA”). Appellants, who describe their business as a “child day care center,” contend that they are not governed by FLSA because their day care operation is not a “preschool.” The Secretary of Labor disagrees. The…