Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Kenneth C. Weber, Individually and D/B/A White House Cafeteria

BOWMAN, Circuit Judge.

The Secretary of Labor filed suit against Kenneth C. Weber individually and doing business as White House Cafeteria for violations of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-19 (FLSA). Though the White House Cafeteria’s annual gross volume of sales was less than the $250,000 threshold provided by 29 U.S.C. § 203(s) for coverage of a business under the FLSA, the Secretary alleged that the cafeteria was covered under the “enterprise” provisions of 29 U.S.C. § 203(r) as a leased department of the White Drug Store, whose volume of business was sufficient to…