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DUNLOP v. CARRIAGE CARPET CO.

No. 75-2309.

548 F.2d 139 (1977)

John T. DUNLOP, Secretary of Labor, Appellant, v. CARRIAGE CARPET COMPANY, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 5, 1977.

Attorney(s) appearing for the Case

T. J. Pethia, U. S. Dept. of Labor, Cleveland, Ohio, Donald S. Shire, William J. Kilberg, Carin Ann Clauss, Jacob I. Karro, John K. Light, Jr., U. S. Dept. of Labor, Washington, D.C., for appellant.

Morlee A. Rothchild, Sheldon R. Hartman, Shapiro, Persky, Stone & Marken, Thomas J. Scanlon and Douglas K. Cooper, Cleveland, Ohio, for appellee.

Before PHILLIPS, Chief Judge, and McCREE and LIVELY, Circuit Judges.

PHILLIPS, Chief Judge.

The issue presented by this appeal regarding the coverage of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. appears to be a question of first impression. The District Court held that a "former employee", voluntarily separated from his employer, is not an "employee" protected by the anti-discrimination provisions of § 15(a)(3)1 of the Act. We disagree

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