Legal Opinion

Peter J. Brennan, Secretary of Labor, Etc. v. Refugio Partida, Individually and Doing Business as Texas Cleaners

Court of Appeals for the Fifth Circuit

Decided April 12, 1974No. 73-2112PublishedCited by 19 opinions

1Opinion of the Court

DYER, Circuit Judge:

The Secretary of Labor brought this action to enjoin Partida, the owner of a self-service laundromat in El Paso, Texas, from violating the minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., and from continuing to withhold past wages due two attendants at the laundromat. The district court entered judgment for Partida, finding that the attendants were not “employees” within the meaning of the Act. We reverse.

Gregoria Ramos and Alicia Munoz were successively engaged as attendants between 1969 and 1972 at the Texas…

2Cases cited10 opinions

  1. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  2. Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
  3. Goldberg v. Whitaker House Cooperative, Inc.Supreme Court of the United States · 1961
  4. Gulf King Shrimp Company v. W. Willard Wirtz, Secretary of Labor, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1969
  5. Hyman v. RegensteinCourt of Appeals for the Fifth Circuit · 1958

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3Cited by19 opinions

  1. W. J. Usery, Secretary of Labor, United States Department of Labor, Plaintiff v. Pilgrim Equipment Company, Inc.Court of Appeals for the Fifth Circuit · 1976
  2. William E. Brock, Secretary of Labor, United States Department of Labor v. Mr. W Fireworks, Inc.Court of Appeals for the Fifth Circuit · 1987
  3. Donovan v. New Floridian Hotel, Inc.Court of Appeals for the Eleventh Circuit · 1982
  4. Haywood v. BarnesDistrict Court, E.D. North Carolina · 1986
  5. Real v. Driscoll Strawberry Associates, Inc.Court of Appeals for the Ninth Circuit · 1979

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