Brennan v. Arnheim & Neely, Inc., 410 U.S. 512 (1973)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

Respondent company, a fully integrated real estate management concern directing from its central office manifold operations at nine separately owned buildings, including leasing the properties for the owners and hiring, firing, supervising, and negotiating the ages of those employed in the buildings, held to be an "enterprise" within the meaning of § 3(r) of the Fair Labor Standards Act, since respondent conducts related activities through unified operation or control, for a common business purpose. It is irrelevant, for purposes of defining the respondent’s enterprise under § 3(r), that the building owners, who are not defendants in this enforcement action under the Act, have no relationship with one another and no common business purpose, since their activities as employers are not at issue here. Pp. 516-521.

444 F.2d 609, reversed and remanded.

STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and Douglas, BRENNAN, MARSHALL, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. WHITE, J., filed a dissenting opinion, post, p. 521.