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IDAHO METAL WORKS v. WIRTZ

No. 30.

383 U.S. 190 (1966)

IDAHO SHEET METAL WORKS, INC. v. WIRTZ, SECRETARY OF LABOR.

Supreme Court of United States.

Decided February 24, 1966.

Attorney(s) appearing for the Case

Eli A. Weston argued the cause for petitioner in No. 30. On the brief was T. H. Eberle.

Bessie Margolin argued the cause for petitioner in No. 31. With her on the briefs were Solicitor General Marshall, Ralph S. Spritzer, Philip B. Heymann, Charles Donahue and Caruthers G. Berger.

Charles Donahue argued the cause for respondent in No. 30. With him on the brief were Solicitor General Marshall, Philip B. Heymann, Bessie Margolin, Robert E. Nagle and Caruthers G. Berger.

Lucius E. Burch, Jr., argued the cause for respondents in No. 31. With him on the brief was Tom Mitchell, Jr.

MR. JUSTICE HARLAN delivered the opinion of the Court.

The common question presented by these two cases is the meaning of the phrase "retail or service establishment" as that language is used in the exemptive provisions of the federal wage and hour statute. We first set forth the statute and describe the two cases before us, then examine the history and content of the exempting clause, and finally apply the resulting analysis to the facts of each case.

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