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DONOVAN v. TONY AND SUSAN ALAMO FOUNDATION

Nos. 83-1463, 82-2549.

722 F.2d 397 (1983)

Raymond J. DONOVAN, Secretary of Labor, U.S. Department of Labor, Plaintiff/Appellee/Cross-Appellant, v. TONY AND SUSAN ALAMO FOUNDATION, Tony Alamo, Susan Alamo and Larry Larouche, Defendants/Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1983.

As Amended February 27, 1984.

Rehearing Denied March 1, 1984.

Attorney(s) appearing for the Case

Roy Gean, Jr., Roy Gean, III, Gean, Gean & Gean, Fort Smith, Ark., for defendants/appellants/cross-appellees.

Francis X. Lilly, Deputy Sol. of Labor, Karen I. Ward, Associate Sol., Special Appellate and Supreme Court Litigation, Charles I. Hadden, Appellate Litigation, Elaine D. Kaplan, James E. White, Regional Sol., U.S. Dept. of Labor, Washington, D.C., for plaintiff/appellee/cross-appellant.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

The questions in this case are whether the Fair Labor Standards Act and its minimum wage, overtime, and record-keeping provisions (29 U.S.C. 201 et seq.), properly construed, apply to certain persons engaged in working for a religious organization, and whether, if so, such application conflicts with the religious guarantees of the First Amendment. We answer the first question affirmatively...

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