ILGWU v. DOLE

Civ. A. No. 89-0027.

729 F.Supp. 877 (1989)

INTERNATIONAL LADIES' GARMENT WORKERS' UNION, AFL-CIO, et al., Plaintiffs, v. Elizabeth DOLE, Secretary of Labor, et al., Defendants, Carol Quint, et al., Defendants-Intervenors.

United States District Court, District of Columbia.

December 7, 1989.


Attorney(s) appearing for the Case

Stephen J. Pollak, Frederick C. Schafrick and Laura S. Wertheimer, Washington, D.C., and Max Zimny, Jane Lauer Barker and Susan R. Daniel, New York City, for plaintiffs.

Sandra M. Schraibman and Raymond M. Larizza, U.S. Dept. of Justice, Washington, D.C., for federal defendants.

Jonathan B. Hill, Washington, D.C., and Nancy A. Daly and Wayne S. Henderson, Boston, Mass., for intervening defendants Carol Quint, et al.

Manuel M. Medeiros, Sacramento, Cal., who filed amicus papers on behalf of John K. Van de Kamp, Atty. Gen. of State of Cal.


MEMORANDUM

GESELL, District Judge.

Section 11(d) of the Fair Labor Standards Act ("FLSA") authorizes the Secretary of Labor to "make such regulations and orders regulating, restricting, or prohibiting industrial homework as are necessary or appropriate to prevent the circumvention or evasion of and to safeguard the minimum wage rate ..." 29 U.S.C. § 211(d). Plaintiffs, claiming arbitrary and capricious action, sue the Secretary of Labor to obtain review...

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