Credit Service, Inc. v. Philip B. Fleming, Administrator of the Wage and Hour Division, United States Department of Labor

(dissenting) :

In litigation between an employer and the United States government to deter*147mine whether employees, or classifications of employees, are subject to the Fair Labor Standards Act, both the employer and the United States are entitled to have the issues finally determined by a judgment which shall be given the force and effect to which a judgment is entitled under our jurisprudence. The majority opinion gives this employer less than that. I respectfully dissent.

Here the Secretary of Labor brought

the employer into Court claiming coverage under the Act, and there was a judicial…