Donovan v. Sureway Cleaners

656 F.2d 1368 25 Wage & Hour Cas. (BN 105, 25 Wage & Hour Cas. (BN 195, 92 Lab.Cas. P 34,075 Raymond DONOVAN, * Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. SUREWAY CLEANERS, a corporation, Sexton Cleaners, Inc., a corporation, and Pay-Less Cleaners, a corporation, Defendants-Appellants. No. 79-4778. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1981. Decided Sept. 21, 1981. Dennis R. Murphy, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for defendants-appellants. Barbara E. Kahl, Atty., Washington, D. C., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before HUG, POOLE and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge. 1 Sureway Cleaners 1 appeals from a district court determination that (1) despite changes in the contracts with its "agents," the "agents" continue to be "employees" rather than independent contractors within the meaning of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 , and (2) the statute of limitations, 29 U.S.C. § 255 (a), applicable to the underlying overtime violations does not apply to a…