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Administrative Law Keyed to Breyer
National Automatic Laundry & Cleaning Council v. Shultz
Citation:
443 F.2d 689 (1971)Facts
The National Automatic Laundry and Cleaning Council (NALCC) is a trade association representing over 1,600 coin-operated laundry and dry cleaning establishments. In January 1967, NALCC’s attorneys wrote to the Wage-Hour Administrator inquiring about the effect of the 1966 amendments to the Fair Labor Standards Act on coin-operated laundries. Prior to these amendments, in 1963, the Administrator had ruled that coin-operated laundries were “engaged in renting the service of laundry machines rather than engaged in laundering or cleaning” and thus could qualify for the retail or service establishment exemption under §13(a)(2). The 1966 amendments repealed the specific laundry exemption of §13(a)(3) and amended §13(a)(2) to exclude establishments “engaged in laundering, cleaning or repairing clothing or fabrics” from the retail exemption. NALCC sought confirmation that its members were unaffected by these amendments since they had previously been determined to be renting machine services, not engaged in laundering. The Administrator responded on April 6, 1967, stating that the legislative history made it clear that coin-operated laundries were engaged in laundering within the meaning of the Act and were thus covered by the amendments.
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