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HERMAN v. RSR SEC. SERVICES LTD.

Docket No. 97-6255.

172 F.3d 132 (1999)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. RSR SECURITY SERVICES LTD., Michael A. Stern, Individually and as President, and Frank Watkins, Individually and as Vice President, Defendants-Appellees, Murray Portnoy, Individually and as Chairman of the Board and former Secretary of RSR Security Services, Ltd., Defendant-Third-Party-Plaintiff-Appellant, v. Marilyn J. Stern, Third-Party-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 19, 1999.

Attorney(s) appearing for the Case

Alan B. Pearl, Syosset, New York (Alan B. Pearl & Associates, P.C., Syosset, New York, of counsel), for Defendant-Third-Party-Plaintiff-Appellant Murray Portnoy.

Paul L. Frieden, Washington, D.C. (U.S. Department of Labor, Washington, D.C., of counsel), for Plaintiff-Appellee Alexis M. Herman.

Bryan C. Skarlatos, New York, New York (Brian C. Wille, William F. Cuozzi, Kostelanetz & Fink, LLP, New York, New York, of counsel), for Defendants-Appellees RSR Security Services Ltd. and Michael A. Stern and Third-Party-Defendant-Appellee Marilyn J. Stern.

Before: NEWMAN, CARDAMONE, and PARKER, Circuit Judges

CARDAMONE, Circuit Judge:

The victor at Waterloo, when asked to undertake a task, reputedly responded: "The Duke of Wellington declines to interfere in circumstances over which he has no control." Appellant here interfered in business affairs where, the record reveals, he had considerable control over employees. Under the Fair Labor Standards Act, such control of employees is central to deciding whether appellant should be deemed an employer and therefore liable to...

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