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WASHINGTON STATE FARM BUREAU v. MARSHALL

No. 79-4449.

625 F.2d 296 (1980)

WASHINGTON STATE FARM BUREAU, Oregon State Farm Bureau and Horticultural Ass'n of Western Washington, Plaintiffs-Appellees, v. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 13, 1980.

Attorney(s) appearing for the Case

Dorianne Beyer, New York City, Ronald G. Whiting, Washington, D.C., argued for defendant-appellant; Kerry L. Adams, Atty., Dept. of Labor, Washington, D.C., on brief.

Jerome F. McCarthy, Tacoma, Wash., for plaintiffs-appellees.

Diane B. Cohn, William B. Schultz, Robert B. Stulberg, Washington, D.C., amici curiae.

Before TANG, SCHROEDER and POOLE, Circuit Judges.

POOLE, Circuit Judge.

This appeal from the grant of a permanent injunction against the Secretary of Labor presents questions concerning the interpretation and application of an amendment to the Fair Labor Standards Act (FLSA), 29 U.S.C.A. § 213(c)(4)(A) (1979), authorizing the Secretary to waive restrictions on employment of 10 and 11 year-olds in short-season agriculture harvesting under specified conditions. One such condition requires employers seeking the...

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