DOLE v. SNELL

No. 87-1500.

875 F.2d 802 (1989)

Elizabeth DOLE, Secretary of Labor, United States Department of Labor, Plaintiffs/Appellants, v. Karen SNELL and Gerald Snell, individuals doing business as Cakes By Karen, Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

May 23, 1989.


Attorney(s) appearing for the Case

Ellen R. Edmond (Tedrick A. Housh, Jr., Regional Sol., Henry C. Mahlman, Associate Regional Sol., George R. Salem, Sol. of Labor, Monica Gallagher, Associate Sol., Linda Jan S. Pack, counsel for appellate Litigation, and Anne Payne Fugett, Atty., on the briefs), U.S. Dept. of Labor, Washington, D.C., for plaintiffs/appellants.

Timothy LaQuey (Raymond J. Miller with him, on the brief), Denver, Colo., for defendants/appellees.

Cynthia G. Schneider, Migrant Legal Action Program, Inc., Washington, D.C., and David F. Steinhoff, Colorado Rural Legal Services, Denver, Colo., amicus curiae.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and O'CONNOR, District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

The sole issue in this case is whether cake decorators at a bakery known as "Cakes by Karen" are employees or independent contractors for purposes of coverage under the Fair Labor Standards Act of 1938, as amended ("FLSA"), 29 U.S.C. § 201, et seq. The district court held that they were independent contractors. We conclude that they are employees.

I.

Karen and Gerald Snell own and operate a bakery and...

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