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MARSHALL v. REGIS EDUCATIONAL CORP.

Nos. 80-1835, 80-1798.

666 F.2d 1324 (1981)

Ray MARSHALL, Secretary of Labor, Plaintiff-Appellant and Cross-Appellee, v. REGIS EDUCATIONAL CORPORATION, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 14, 1981.

Attorney(s) appearing for the Case

Gregory O'Duden, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Washington, D. C., Tedrick A. Housh, Jr., Regional Sol., Kansas City, Mo., Mary-Helen Mautner and Kerry L. Adams, U. S. Dept. of Labor, Washington, D. C., on brief), for plaintiff-appellant and cross-appellee.

A. Thomas Elliott, Jr., Corp. Legal Counsel, Regis College, Denver, Colo., for defendant-appellee and cross-appellant.

Before SETH and BREITENSTEIN, Circuit Judges, and KUNZIG, Judge.

KUNZIG, Judge.

The Secretary of Labor brought suit against Regis Educational Corporation (Regis) (College) under Section 17 of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 217. The Government alleged violations of the minimum wage and recordkeeping provisions of the Act1 claiming the provisions were applicable to student resident-hall assistants (RA's) at Regis College. The District Court held that RA's were not employees within...

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