Brennan v. Six Flags Over Georgia, Ltd., 72-2990.
| Decision Date | 22 February 1973 |
| Docket Number | No. 72-2990.,72-2990. |
| Citation | 474 F.2d 18 |
| Parties | Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. SIX FLAGS OVER GEORGIA, LTD., and Great Southwest Atlanta Corp., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Arthur J. Riggs, Dallas, Tex., Charles Kelso, Atlanta, Ga., for defendants-appellants.
Richard F. Schubert, Sol. of Labor, Jacob I. Karro, Atty., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Sol., James H. Woodson, Atty., Atlanta, Ga., Carin Ann Clauss, Donald S. Shire, U. S. Dept. of Labor, Office of Sol., Washington, D. C., for plaintiff-appellee.
Before ALDRICH,* SIMPSON and CLARK, Circuit Judges.
Rehearing and Rehearing En Banc Denied April 10, 1973.
The Secretary of Labor brought this action against Six Flags over Georgia, Ltd., and Great Southwest Atlanta Corp., hereinafter, collectively, GSA, to enjoin alleged violations of the Fair Labor Standards Act and to compel the payment of overtime to certain employees. On a stipulated record both parties moved for summary judgment. The court ruled in favor of the Secretary and GSA appeals.
GSA operates an amusement park at Atlanta, Georgia of very substantial size. During the season it has over 1600 employees, sharply reduced during the off-season, of which some 100 are engaged in maintenance and repairs. From year to year the park remodels, and erects new structures, new buildings, and new places of entertainment, in order to maintain public interest. This new construction is mostly done during the off-season, much of the work being contracted out. During the off-season GSA pays all of its employees wages within the act, but during the season it does not, by virtue of the exemption afforded by 29 U.S.C. § 213(a)(3) to amusement and recreational establishments. During the season a small amount of new work is done by what are normally maintenance employees. It is for this that the Secretary asserts liability.
GSA concedes, as it must, that a general contractor employed by it to do this construction work would not be conducting a recreational establishment. GSA is in no better position. It is the character of the work, not the source of the remuneration, that controls. Cf. Hodgson v. Colonnades, Inc., 5 Cir., 472 F.2d 42 (1973) ()....
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...v. Tri–Ag Service, Inc. (2000) 22 Cal.4th 316, 320–321, 93 Cal.Rptr.2d 36, 993 P.2d 366.) Relying on Brennan v. Six Flags Over Georgia, Ltd. (5th Cir. 1973) 474 F.2d 18 (Six Flags ), appellants contend that it is the “nature [or character] of the work” and “not the source of the remuneratio......
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Quinteros v. Sparkle Cleaning, Inc., Civil Action No. AW-07-0628.
...found in 29 U.S.C. § 213(b)(3), in order to shed light on this one.10 Plaintiffs rely on the holding in Brennan v. Six Flags Over Georgia, Ltd., 474 F.2d 18 (5th Cir.1973). There, in a per curiam opinion, the court held that maintenance and repair employees of the defendant who worked at th......
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Donovan v. Frezzo Bros., Inc., 81-2405
...is irrelevant. E.g., Maneja v. Waialua Agricultural Co., 349 U.S. 254, 75 S.Ct. 719, 99 L.Ed. 1040 (1955) 5; Brennan v. Six Flags Over Georgia, Ltd., 474 F.2d 18 (5th Cir.), cert. denied, 414 U.S. 827, 94 S.Ct. 47, 38 L.Ed.2d 61 (1973); Calaf v. Gongalez, 127 F.2d 934, 937-38 (1st Cir. Fina......
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McMillan v. Boy Scouts of America-Aloha Council
...is on length of the Defendant's seasonal operation."). The court is unpersuaded by McMillan's reliance on Brennan v. Six Flags Over Georgia, Ltd., 474 F.2d 18 (5th Cir. 1973), and Donovan v. S & L Development Co., 647 F.2d 14, 17 (9th Cir. 1981). In particular, McMillan relies on the Fifth ......