Legal Opinion

Donovan v. Miller Properties, Inc.

District Court, M.D. Louisiana

Decided September 24, 1982No. Civ. A. 80-434-BPublishedCited by 7 opinions

1Opinion of the Court

POLOZOLA, District Judge:

The question presented to the Court is: “Is a restaurant ‘furnishing’ food to all its employees within the meaning of § 3(m) of the Fair Labor Standards Act of 1983, as amended, (the Act), 29 U.S.C. § 203(m), ,when some employees choose not, or would prefer not, to eat the restaurant food; but it is available for them?” For reasons which follow, the Court answers the question in the affirmative.

The Secretary of Labor (Secretary) brought this action to enjoin the defendant, Miller Properties, Inc. (Miller), from violating the minimum wage provisions of the Act and to…

2Cases cited4 opinions

  1. Donovan v. New Floridian Hotel, Inc.Court of Appeals for the Eleventh Circuit · 1982
  2. Gabina Camacho Lopez v. Manuel Rodriguez and Mirtha RodriguezCourt of Appeals for the D.C. Circuit · 1981
  3. Davis Bros., Inc. v. MarshallDistrict Court, N.D. Georgia · 1981
  4. Marshall v. Truman Arnold Distributing Co.Court of Appeals for the Eighth Circuit · 1981

3Cited by7 opinions

  1. Davis Brothers, Incorporated, a Georgia Corporation v. Raymond J. Donovan, Secretary of LaborCourt of Appeals for the Eleventh Circuit · 1983
  2. Traveler Trading Co. v. United StatesUnited States Court of International Trade · 1989
  3. Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Miller Properties, Inc., a CorporationCourt of Appeals for the Fifth Circuit · 1983
  4. Brock v. Carrion, Ltd.District Court, E.D. California · 2004
  5. Bergen Hudson Roofing Co. v. United StatesUnited States Court of International Trade · 1989

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