Legal Opinion
Raymond J. Donovan, Secretary of Labor, U. S. Department of Labor, Plaintiff v. Tehco, Inc., a Corporation, and Thomas E. Howell, Iii, an Individual
Court of Appeals for the Fifth Circuit
Decided April 8, 1981No. 79-2658PublishedCited by 49 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
The Secretary of Labor brought suit against appellee, Tehco, Inc., 1 to enjoin recordkeeping and overtime violations of the Fair Labor Standards Act (FLSA) 2 and to recover overtime wages due under the Act. Of the forty-two workers at issue, the district court denied relief to twenty-two on the ground that the Secretary had failed to show that they were “employees” within the meaning of the FLSA. The Secretary challenges the court’s conclusion with respect to nine of these workers. We affirm in part and reverse in part.
Tehco is in the business of building,…
2Cases cited14 opinions
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
- United States v. SilkSupreme Court of the United States · 1947
- United States v. RosenwasserSupreme Court of the United States · 1945
- Walling v. Portland Terminal Co.Supreme Court of the United States · 1947
9 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Marilyn Wheeler v. Main HurdmanCourt of Appeals for the Tenth Circuit · 1987
- Brock v. Superior Care, Inc.Court of Appeals for the Second Circuit · 1988
- Parrish v. Premier Directional Drilling, L.P.Court of Appeals for the Fifth Circuit · 2019
- Sendhabhai Patel v. Dr. Alex Wargo, Etc.Court of Appeals for the Eleventh Circuit · 1986
- Brock v. Superior Care, Inc.Court of Appeals for the Second Circuit · 1988
44 more not listed; retrieve them via the Exa API.