Legal Opinion

F. Ray Marshall, Secretary of Labor, United States Department of Labor v. Gulf & Western Industries, Inc.

Court of Appeals for the Fifth Circuit

Decided June 30, 1977No. 76-3542PublishedCited by 12 opinions

1Opinion of the Court

CLARK, Circuit Judge:

Gulf & Western Industries, Inc., a Delaware corporation licensed to operate in Florida, appeals the district court’s decision that it is liable for minimum and overtime wage deficiencies under the Fair Labor Standards Act. 29 U.S.C. § 201 et seq. The facts were not disputed and the case was decided on cross-motions for summary judgment. The trial court determined that Gulf & Western is not entitled to the “agriculture” exemption from minimum and overtime compensation requirements. 1 We affirm.

Gulf & Western operates two packing facilities in Broward County, Florida. In…

2Cases cited4 opinions

  1. Farmers Reservoir & Irrigation Co. v. McCombSupreme Court of the United States · 1949
  2. Richard D. Skipper v. Superior Dairies, Inc., a CorporationCourt of Appeals for the Fifth Circuit · 1975
  3. James D. Hodgson, Secretary of Labor, United States Department of Labor v. Odus Wittenburg, D/B/A Wittenburg Livestock CompanyCourt of Appeals for the Fifth Circuit · 1972
  4. James D. Hodgson, Secretary of Labor, United States Department of Labor v. Idaho Trout Processors Company, a CorporationCourt of Appeals for the Ninth Circuit · 1974

3Cited by12 opinions

  1. Doris L. Gossett v. Du-Ra-Kel Corporation, D/B/A Swanee's Motel, and Duane v. Swanson, IndividuallyCourt of Appeals for the Fifth Circuit · 1978
  2. Roebuck v. Hudson Valley Farms, Inc.District Court, N.D. New York · 2002
  3. Benita Almendarez v. Barrett-Fisher CompanyCourt of Appeals for the Fifth Circuit · 1985
  4. Herman v. Continental Grain Co.District Court, M.D. Alabama · 2000
  5. Adkins v. Mid-America Growers, Inc.District Court, N.D. Illinois · 1992

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