W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Von Carstedt, Individually and Doing Business as C-Air Aviation

The Secretary of Labor brought this action against Von Carstedt, individually and doing business as C-Air Aviation, to enjoin future violation of the Fair Labor Standards Act (Act). After a trial the district court made findings of fact and conclusions of law upholding defendant’s claim to exemption from the requirements of the Act. A judgment consistent therewith was entered and the Secretary appeals.

This case involves the application of the Act to twenty workers who were employed by defendant during various parts of the period from February 18, 1961 to February 18, 1963. These employees, who worked at defendant’s airport facilities in Long Beach, California, were concededly within the general coverage of the Act. Defendant claimed, however, that during the period from February 18, 1961 to May 15, 1962 they came within the fisheries exemption of the Act, section 13(b) (4), 29 U.S.C. § 213 (b) (4), and that from May 15, 1962 to February 18, 1963, they came within the retail establishment exemption of the Act, section 13(a) (2), 29 U.S.C. § 213 (a) (2). The trial court upheld this claim. Plaintiff contends that, under the facts, neither exemption applies.

We consider first the…