Donovan v. Development Co.

647 F.2d 14 24 Wage & Hour Cas. (BN 1407, 91 Lab.Cas. P 34,021 Raymond J. DONOVAN * , Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. S & L DEVELOPMENT CO., a Partnership, and Charles Langdon and Don G. Simpson,Individually and as Partners, Defendants-Appellees. No. 79-4563. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1981. Decided June 1, 1981. Carin A. Clauss, Washington, D. C., for plaintiff-appellant. Rex R. Mull, Bakerfield, Cal., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before CHOY and ALARCON, Circuit Judges, and HEMPHILL ** , District Judge. ALARCON, Circuit Judge: 1 The Secretary of Labor appeals from the district court's decision that construction workers employed by the defendants-appellees are not entitled to the protection of the Fair Labor Standards Act of 1938, as amended. 1 The district court concluded that defendants were not "engaged in the business of construction or reconstruction" as set forth in § 3(s)(4) of the Act, 2 because the construction work completed by defendants' employees was of a limited duration. We…