Cluster 585924 (1992)

Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843 , 104 S.Ct. 2778, 2782 , 81 L.Ed.2d 694 (1984); Martin v. The Refrigeration Sch., Inc., 968 F.2d 3, 5 (9th Cir.1992).

The Department of Labor and some courts, see Gieg v. DDR, Inc., supra, 407 F.3d at 1047-49 ; Reich v. Delcorp, Inc., 3 F.3d 1181, 1183 (8th Cir.1993); Martin v. The Refrigeration School, Inc., 968 F.2d 3, 6-8 (9th Cir.1992), have woodenly ported the definition from section 213(a)(2) to the commission exemption with no sensitivity to the very different purpose of that exemption.

See 29 C.F.R. §§ 779.317 , 779.318 (1992); Martin v. The Refrigeration Sch., 968 F.2d 3, 6-8 (9th Cir.1992).

Id. at 7 (finding that schools for all children, not just schools for gifted or handicapped children, serve the everyday needs of the community).

Martin v. Refrigeration School, Inc., 968 F.2d 3, 5 (9th Cir.1992) (citing Chevron USA, Inc. v. NRDC, 467 U.S. 837, 844 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984)). 2.

Buckey v. Los Angeles, 968 F.2d 3 791, 794 (9th Cir.), cert. denied, 506 U.S. 999 (1992).

Finally, Defendant points out that Plaintiffs’ use of 29 C.F.R. § 779.317 is entitled to no deference since the Ninth Circuit in Martin v. The Refrigeration School, Inc., 968 F.2d 3, 6-7 (9th Cir.1992) found the list to be arbitrary.

See Martin v. Refrigeration Sch., Inc., 968 F.2d 3 , 5 (9th Cir.1992) (citing Chevron USA v. NRDC, 467 U.S. 837, 844 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984)).

See Martin v. Refrigeration Sch., Inc., 968 F.2d 3 , 5 (9th Cir.1992) (citing Chevron USA v. NRDC, 467 U.S. 837, 844 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984)).

In this Motion for Summary Judgment, Defendants only seek a determination regarding whether Monex falls within this first element of the exemption, whether Monex is a “retail or service establishment.” Section 7(i) does not define “retail or service establishment.” The term is to be interpreted as defined in the now repealed Section 13(a) of the FLSA. 29 C.F.R. § 779.312 ; Gieg v. DDR, Inc., 407 F.3d 1038 (9th Cir.2005); see Martin v. Refrigeration School, Inc., 968 F.2d 3, …

Aug. 5, 2004) (Breyer, J.) (holding that credit companies are not “retail or service establishments”); Gatto, 442 F.Supp.2d at 541-42 (holding that a mortgage broker fit within the definition); see also Martin v. Refrigeration School, Inc., 968 F.2d 3, 5 (9th Cir.1992) (“The meaning of the term ‘retail establishment’ is not obvious without further definition, and the statutory definition is of little assistance.”).

See e.g., Refrigeration School, 968 F.2d at 7 (finding no rational basis for the DOL's categorizing all schools as non-retail except those serving handicapped or gifted students); Cruises Only, Inc., 1997 WL 1507504 at *2 (finding arbitrary and irrational DOL's listing of travel agencies as lacking a retail concept).