HOMEMAKERS HOME & HEALTH CARE SERVICES v. CARDEN

No. 74-1680.

538 F.2d 98 (1976)

HOMEMAKERS HOME AND HEALTH CARE SERVICES, INC., and Homemakers International Company, Plaintiffs-Appellants, v. Claibourne W. CARDEN, Area Director Employment Standards Administration U.S. Department of Labor, et al., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1976.

Rehearing Denied August 17, 1976.


Attorney(s) appearing for the Case

James F. Neal, Aubrey B. Harwell, Jr., Neal & Harwell, Nashville, Tenn., David E. McGiffert, Theodore Garrett, Covington & Burling, Washington, D.C., for plaintiffs-appellants.

Ralph D. York, U.S. Dept. of Labor, Charles H. Anderson, U.S. Atty., Martha Johnson, Marvin Tincher, Regional Atty., U.S. Dept. of Labor, Nashville, Tenn., Donald S. Shire, Darryl Anderson, Deputy Associate Sol., U.S. Dept. of Labor, Washington, D.C., for defendant-appellee.

Before PECK and McCREE, Circuit Judges, and MILES, District Judge.


MILES, District Judge.

This appeal raises novel issues of first impression under the so-called "retail exemption" to the minimum wage requirements of the Fair Labor Standards Act. Appellant Homemakers Home and Health Care Services, Inc., and its wholly-owned subsidiary, Homemakers International Co., operates a series of local offices which engage in the business of providing domestic and health care services on a temporary...

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