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REICH v. MISS PAULA'S DAY CARE CENTER, INC.

No. 93-3706.

37 F.3d 1191 (1994)

Robert B. REICH, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. MISS PAULA'S DAY CARE CENTER, INC., and Janice Hartman, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 19, 1994.

Attorney(s) appearing for the Case

William J. Stone, Lois R. Zuckerman (briefed), U.S. Dept. of Labor, Office of the Sol., Washington, DC, Benjamin T. Chinni, Office of the Sol., U.S. Dept. of Labor, Cleveland, OH, for plaintiff-appellee.

Ronald R. Calhoun (briefed), Gallipolis, OH, for defendants-appellants.

Before: KEITH, BOGGS, and BATCHELDER, Circuit Judges.

BOGGS, Circuit Judge.

This case raises a question of statutory construction: when does a facility that cares for children younger than compulsory school age become a "preschool"? Under 29 U.S.C. § 203(s)(1)(B), "preschools" must comply with the same minimum-wage and maximum-hour employment standards that apply to other enterprises subject to the federal Fair Labor Standards Act ("FLSA"). Appellants, who describe their business as a "child day care center," contend...

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