Legal Opinion

Brewer's Inc. And Robert H. Brewer D/B/A Brewer's Furniture Discount Center v. W. Willard Wirtz, Secretary of Labor, United States Department of Labor

Court of Appeals for the Fifth Circuit

Decided April 14, 1967No. 23190_1PublishedCited by 5 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge:

This appeal is from a judgment permanently enjoining employers from violating certain provisions of the Fair Labor Standards Act of 1938. 1 The principal issue is whether the employees are exempted from coverage of the Act by the “retail establishment exemption.” 2 Although the district court found that the employees were employed by two separate retail establishments, it concluded that they were not exempt on the ground that the exemption applies only to employees who are employed by one, and no more than one, retail establishment. We reverse, holding that the…

2Cases cited6 opinions

  1. Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
  2. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  3. Mitchell v. Bekins Van & Storage Co.Supreme Court of the United States · 1957
  4. McComb v. Wyandotte Furniture Co.Court of Appeals for the Eighth Circuit · 1948
  5. Wirtz v. C & P Shoe Corp.Court of Appeals for the Fifth Circuit · 1964

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Wirtz v. Keystone Readers Service, Inc.Court of Appeals for the Fifth Circuit · 1969
  2. James A. Lewis v. Brandt Furniture, Inc.Court of Appeals for the Fifth Circuit · 1968
  3. Lewis v. Brandt Furniture, Inc.District Court, W.D. Louisiana · 1967
  4. Wirtz v. Keystone Readers Service, Inc.Court of Appeals for the Fifth Circuit · 1969
  5. Hodgson v. Servomation-Ajax Co.District Court, N.D. Mississippi · 1971

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