Legal Opinion · Dissent

James D. Hodgson, Secretary of Labor, United States Department of Labor v. Travis Edwards, Inc.

Court of Appeals for the Fifth Circuit

Decided December 18, 1972No. 71-1297Published

1DissentRoney, Circuit Judge

I think the majority is wrong to hold that defendant’s office employees are engaged in commerce and the production of goods for commerce, within the meaning of the Fair Labor Standards Act, *1055solely by virtue of the fact that they prepare and mail operating reports of a purely local business to out-of-town directors and officers.

The Secretary argues that the reports which these employees mail across state lines are “goods” under § 3(s) of the Act, so that the office workers are engaged in the “production of goods for commerce.” Alternatively, he asserts that the office employees are “engaged in…

2Cases cited28 opinions

  1. Mitchell v. C. W. Vollmer & Co.Supreme Court of the United States · 1955
  2. 10 East 40th Street Building, Inc. v. CallusSupreme Court of the United States · 1945
  3. Raul C. Montalvo v. Tower Life Building and Tower Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1970
  4. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Savannah Bank & Trust Company of SavannahCourt of Appeals for the Fifth Circuit · 1966
  5. James P. Mitchell, Secretary of Labor, United States Department of Labor v. The Kroger Company, a CorporationCourt of Appeals for the Eighth Circuit · 1957

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