Donovan v. S & L Development Co.

ALARCON, Circuit Judge:

The Secretary of Labor appeals from the district court’s decision that construction workers employed by the defendants-appel-lees are not entitled to the protection of the Fair Labor Standards Act of 1938, as amended.1 The district court concluded that defendants were not “engaged in the business of construction or reconstruction” as set forth in § 3(s)(4) of the Act,2 because *16the construction work completed by defendants’ employees was of a limited duration. We disagree.

S & L Development Company is a partnership owned by Don G. Simpson and Charles Langdon, individually…