Mitchell v. Bekins Van & Storage Co.

Supreme Court of the United States March 11, 1957

Mitchell v. Bekins Van & Storage Co., 352 U.S. 1027 (1957)

77 S. Ct. 593; 1 L. Ed. 2d 589; 1957 U.S. LEXIS 1639

Burton, Evidence, Harlan, Standards, That, Would

Opinion of the Court

Per Curiam:

The judgment is reversed. Respondent’s five physically separate warehouses do not constitute a single “retail establishment” within the meaning of the exemption provided by §13 (a)(2) of the Fair Labor Standards Act, 52 Stat. 1067, as amended, 63 Stat. 917, 29 U. S. C. § 213 (a)(2). Phillips, Inc., v. Walling, 324 U. S. 490; see 95 Cong. Rec. 12579.

Mr. Justice Burton and Mr. Justice Harlan, believing that the decision of the Court of Appeals was based upon proper standards and sufficient evidence, would affirm the judgment.

Reference

Full Case Name: Mitchell, Secretary of Labor v. Bekins Van & Storage Co.
Cited By: 41 cases
Status: Published