Legal Opinion

Homemakers Home & Health Care Services, Inc. v. Carden

Court of Appeals for the Sixth Circuit

Decided June 21, 1976No. 74-1680PublishedCited by 5 opinions

1Opinion of the Court

MILES, District Judge.

This appeal raises novel issues of first impression under the so-called “retail exemption” to the minimum wage requirements of the Fair Labor Standards Act. Appellant Homemakers Home and Health Care Services, Inc., and its wholly-owned subsidiary, Homemakers International Co., operates a series of local offices which engage in the business of providing domestic and health care services on a temporary basis. They appeal a judgment by the District Court, Middle District, Tennessee that this enterprise is not a “retail or service establishment” exempt under Section 13(a)(2)…

2Cases cited24 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
  3. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  4. Mitchell v. Kentucky Finance Co.Supreme Court of the United States · 1959
  5. Idaho Sheet Metal Works, Inc. v. WirtzSupreme Court of the United States · 1966

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3Cited by5 opinions

  1. Larry Worthington, Roger Cameron, David Davey and Gerald Kent, Plaintiffs- Cross-Appellees v. Icicle Seafoods, Inc., a Washington Corporation, CrossCourt of Appeals for the Ninth Circuit · 1985
  2. Usery v. YatesCourt of Appeals for the Sixth Circuit · 1977
  3. Larry Worthington, Roger Cameron, David Davey and Gerald Kent, Plaintiffs- Cross-Appellees v. Icicle Seafoods, Inc., a Washington Corporation, CrossCourt of Appeals for the Ninth Circuit · 1985
  4. Homemakers Home And Health Care Services, Inc. v. CardenCourt of Appeals for the Sixth Circuit · 1976
  5. Usery v. YatesCourt of Appeals for the Sixth Circuit · 1977

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