Legal Opinion
Philips v. Star Overall Dry Cleaning Laundry Co.
District Court, S.D. New York
Decided January 6, 1944PublishedCited by 3 opinions
1Opinion of the Court
RIFKIND, District Judge.
The facts having all been stipulated, only two questions of law require determination :
1. Disregarding the exemption of § 13 (a) (2) of the Fair Labor Standards Act of 1938, are the plaintiffs covered by § 7 of the Act, 29 U.S.C.A. §§ 213(a) (2), 207?
2. Are the plaintiffs excluded from the provisions of § 7 by reason of the exemption of § 13(a) (2), which reads: “The provisions of sections 6 and 7 shall not apply with respect to * * * (2) any employee engaged in any retail or service establishment the greater part of whose selling or servicing is in intrastate…
2Cases cited7 opinions
- A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
- United States v. CarverSupreme Court of the United States · 1923
- Guess v. MontagueCourt of Appeals for the Fourth Circuit · 1943
- Fleming v. A. B. Kirschbaum Co.Court of Appeals for the Third Circuit · 1942
- Atlantic Coast Line Railroad v. PoweSupreme Court of the United States · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Koerner v. Associated Linen Laundry Suppliers, Inc.Appellate Terms of the Supreme Court of New York · 1945
- Lenroot v. Hazlehurst Mercantile Co.District Court, S.D. Mississippi · 1945
- Lenroot v. KempDistrict Court, S.D. Mississippi · 1945