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SKILLS DEVELOPMENT SERVICES, INC. v. DONOVAN

No. 82-5533.

728 F.2d 294 (1984)

SKILLS DEVELOPMENT SERVICES, INC., et al., Plaintiffs-Appellants, v. Raymond J. DONOVAN, Secretary of Labor, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 20, 1984.

Attorney(s) appearing for the Case

Richard P. Lasko, King, Ballow & White, Gerald A. Smith, argued, Barnett & Alagia, Nashville, Tenn., for plaintiffs-appellants.

William M. Cohen, Asst. U.S. Atty., Nashville, Tenn., Mark C. Rutzick, Shalom Brilliant, argued, Dept. of Justice, Washington, D.C., T. Timothy Ryan, Jr., Ruth Peters and Douglas White, U.S. Dept. of Labor, Washington, D.C., Ralph D. York, U.S. Dept. of Labor, Nashville, Tenn., for defendants-appellees.

Before KENNEDY, MARTIN and CONTIE, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

Plaintiffs, private corporations providing services to the mentally retarded under contracts with the State of Tennessee, appeal the judgment of the District Court that they are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. The plaintiffs contend that such regulation violates the tenth amendment under National League of Cities v. Usery,

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