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DONOVAN v. SUREWAY CLEANERS

No. 79-4778.

656 F.2d 1368 (1981)

Raymond DONOVAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. SUREWAY CLEANERS, a corporation, Sexton Cleaners, Inc., a corporation, and Pay-Less Cleaners, a corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 1981.

As Amended November 9, 1981.

Attorney(s) appearing for the Case

Dennis R. Murphy, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for defendants-appellants.

Barbara E. Kahl, Atty., Washington, D. C., for plaintiff-appellee.

Before HUG, POOLE and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge.

Sureway Cleaners1 appeals from a district court determination that (1) despite changes in the contracts with its "agents," the "agents" continue to be "employees" rather than independent contractors within the meaning of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, and (2) the statute of limitations, 29 U.S.C. § 255(a), applicable to the underlying overtime violations does not apply to a...

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