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REICH v. DELCORP, INC.

No. 92-3716.

3 F.3d 1181 (1993)

Robert B. REICH, Secretary of Labor; United States Department of Labor, Appellants, v. DELCORP, INC., a corporation; Arizona Carpet Cleaning, Inc., a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 31, 1993.

Attorney(s) appearing for the Case

Paul Frieden, Washington, DC, argued for appellants.

Eugene DeShazo, Kansas City, MO, argued for appellees.

Before BOWMAN and MAGILL, Circuit Judges, and HENDREN, District Judge.

MAGILL, Circuit Judge.

The overtime provisions of the Fair Labor Standards Act (FLSA) entitle an hourly worker who works more than forty hours a week to be paid at the rate of one and one-half times his normal wage for each hour over forty hours. See 29 U.S.C. § 207(a)(1) (1988). This provision does not apply, however, to employees of a "retail or service establishment" if the employee's regular rate of pay is more than 1.5 times the minimum wage and if...

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