Goldberg v. Ed's Shopworth Supermarket, Inc., Civ. A. No. 8738.
Decision Date | 05 March 1963 |
Docket Number | Civ. A. No. 8738. |
Citation | 214 F. Supp. 781 |
Parties | Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor v. ED'S SHOPWORTH SUPERMARKET, INC. |
Court | U.S. District Court — Western District of Louisiana |
Charles Donahue, U. S. Dept. of Labor, Washington, D. C., Earl Street, and Truett E. Bean, Dallas, Tex., for plaintiff.
James B. Wells, Bossier City, La., for defendant.
The Secretary of Labor brings this suit to enjoin defendant from violating certain provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. Plaintiff contends that defendant has paid certain employees at wages less than $1.00 per hour as required by Sections 6 and 15(a) (2) of the Act and that defendant has also failed to maintain certain records in accordance with Section 11(c) and 15(a) (5) of the Act.
All essential facts have been stipulated, and the matter has been submitted for decision on its merits.
Defendant's grocery establishment (two large retail stores) has had an annual volume in excess of $1,000,000 for the three different twelve-month periods ending prior to July 1, 1961, October 1, 1961, and January 1, 1962, but received less than $250,000 in annual volume in each of the three periods in direct shipments from suppliers located outside the State. Defendant received, however, from Salley Grocery Company, Inc., a Louisiana concern, goods valued greatly in excess of $250,000 which had traveled in interstate commerce.
Defendant contends that it is not subject to the Act, within the meaning of Section 3(s) (1), 29 U.S.C. § 203(s) (1),1 as amended in 1961, which requires that "such enterprise purchases or receives goods for resale that move or have moved across State lines (not in deliveries from the reselling establishment) which amount in total annual volume to $250,000 or more." (Emphasis added.) It argues that the goods received from Salley are deliveries from a reselling establishment and are not to be considered in determining if the minimum of $250,000 of goods which have traveled in interstate commerce has been met.
Senate Report 145 of the 87th Congress stated:
(Emphasis added.)2
Contained in the same Senate Report was the additional explanation of the test to be used in determining if an establishment meets the economic test:
Thus, the economic test provided by Congress is the purchase or receipt by an enterprise of goods that move or have moved across State lines. Excluded from the test are goods sold by this same establishment that are...
To continue reading
Request your trial-
State of Maryland v. Wirtz
...the constitutionality of the enterprise concept, Wirtz v. Edisto Farms Dairy, 242 F.Supp. 1 (D.S.C.1965), and Goldberg v. Ed's Shopworth Supermarket, 214 F.Supp. 781 (W.D.La.1963), have both sustained its validity. From my examination of the pertinent authorities, I am in accord with the re......
-
Wirtz v. Mayer Construction Co.
...has recent approbation. Katzenbach v. McClung, 379 U.S. 294, 300, 85 S.Ct. 377, 13 L.Ed.2d 290 (1964); Goldberg v. Ed's Shopworth Supermarket, Inc., 214 F.Supp. 781 (W.D.La.1963) and Wirtz v. Melos Construction Corp., 284 F.Supp. 717 (E.D.N.Y.1968) considering the 1961 amendments sub judice......
-
Childress v. Earl Whitley Enterprises, Inc.
...validity. State of Maryland v. Wirtz, supra; Wirtz v. Edisto Farms Dairy, 242 F.Supp. 1 (D.C.S.C.1965); Goldberg v. Ed's Shop-worth Supermarket, Inc., 214 F.Supp. 781 (W.D.La.1963). The State of Maryland case, which was decided by a three-judge court, is presently before the Supreme Court o......