Legal Opinion

William E. Brock, Secretary of Labor, United States Department of Labor v. Mr. W Fireworks, Inc.

Court of Appeals for the Fifth Circuit

Decided April 20, 1987No. 86-2170PublishedCited by 127 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

In 1983, the Secretary of Labor (Secretary) brought suit against Mr. W Fireworks, Inc. (Mr. W), alleging continuing violations since 1980 of the recordkeeping, minimum wage, and overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (FLSA or Act). The only question presented in this appeal is whether the operators of Mr. W’s fireworks stands are “employees” within the meaning of the FLSA.

In 1938, Congress passed the FLSA in order to palliate the grave economic ills then ailing our nation. The treatment prescribed is relatively simple — mandatory…

2Cases cited26 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  4. Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
  5. United States v. SilkSupreme Court of the United States · 1947

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

3Cited by127 opinions

  1. Ronald E. Henderson v. Inter-Chem Coal Co., Inc. Nationwide Mining, Inc., a Kansas Corporation and Brent NationsCourt of Appeals for the Tenth Circuit · 1994
  2. Secretary of Labor, United States Department of Labor v. Michael Lauritzen and Marilyn Lauritzen, Individually and Doing Business as Lauritzen FarmsCourt of Appeals for the Seventh Circuit · 1988
  3. Hart v. Rick's Cabaret International Inc.District Court, S.D. New York · 2013
  4. Edward W. Dalheim v. Kdfw-TvCourt of Appeals for the Fifth Circuit · 1990
  5. Brock v. Superior Care, Inc.Court of Appeals for the Second Circuit · 1988

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API