Mitchell v. Sorvas

GOURLEY, Chief Judge.

This is an action by the United States Department of Labor to permanently enjoin the defendant from violating the’ minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act of 1938, as amended. 29 U.S.C.A. §§ 206, 207 and 211(c).

Two questions confront the court;

1. Is the defendant engaged in commerce or the production of goods for commerce.

2. In the event defendant is engaged in commerce or in the production of goods for commerce, is defendant relieved from compliance for' the reason that defendant’s activities fall within the specific…