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MARSHALL v. COOK

No. 77-1276.

600 F.2d 50 (1979)

F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. William D. COOK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 15, 1979.

Attorney(s) appearing for the Case

L. E. Van Eaton, Memphis, Tenn., for defendant-appellant.

Jacob I. Karro, U.S. Dept. of Labor, Washington, D. C., Marvin Tincher, Staff Atty., Thomas L. Rasnic, Regional Atty., U.S. Dept. of Labor, Nashville, Tenn., for plaintiff-appellee.

Before LIVELY and MERRITT, Circuit Judges, and CECIL, Senior Circuit Judge.

MERRITT, Circuit Judge.

Under the minimum wage law, small motels with less than $250,000 in aggregate annual sales are defined as "retail or service establishments" not "engaged in commerce" and, therefore, are expressly exempted from payment of the minimum wage. 29 U.S.C. § 203(s)(2) (1976). But this exemption does not apply to "an establishment or employee engaged in laundering . . .." Id. at 213(a)(2). The question in this case is whether the minimum...

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