Court of Appeals for the Sixth Circuit January 5, 1977, 75-2309 (John T. Dunlop, Secretary of Labor v. Carriage Carpet Company)

PHILLIPS, Chief Judge.

The issue presented by this appeal regarding the coverage of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201

et seq.

appears to be a question of first impression. The District Court held that a “former employee”, voluntarily separated from his employer, is not an “employee” protected by the anti-discrimination provisions of § 15(a)(3)

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of the Act.