FORTUNA BROOM COMPANY, SOUTH TEXAS BROOM CORN COMPANY AND J. L. BECK, APPELLANTS,
v.
W. WILLARD WIRTZ, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, APPELLEE
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The court held that the employer's employees did not fall under any FLSA exemptions and affirmed the lower court's judgment ordering restitution and enjoining future violations.
The Employer appealed a district court judgment finding employees were not exempt under the FLSA, ordering restitution of wages, and enjoining future …
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PER CURIAM.
The Employer1 appeals from the judgment of the District Court after an adequate evidentiary hearing holding that the employees in question did not come within any exemption of the FLSA,2 ordering restitution of minimum and overtime wages due such employees, and enjoining 3 future violations of the Act by the Employer. We find the appeal and record wholly without any redeeming merit, but since we have expended the travail for submission, we dispose of it on its merits, or, more accurately, the lack of them, rather than dismiss as frivolous. United States v. Safety Engineering & Supply Co., 5 Cir., 374 F. 2d 885 [March 23, 1967]; see also NLRB v. Riley Aeronautics Corp., 5 Cir., 1967, 377 F. 2d 557 [June 6, 1967].
Affirmed.
. Fortuna Broom Company and South Texas Broom Corn Company, both incorporated in Texas and substantially owned, controlled and managed by J. L. Beck.
. 29 U.S.C.A. §§ 213(a) (6), 213(a) (10). Nor does the Employer qualify for belatedly asserted “seasonal industry” exemption. 29 U.S.C.A. § 207 (b) (3).
. The Employer had been investigated and convicted of violating the Act in 1957. He does not here contest this portion of the order.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wirtz v. Malthor, Inc., 391 F.2d 1 (9th Cir. 1968)
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United States v. Chapman, 413 F.2d 440 (5th Cir. 1969)
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United States v. Jones, 486 F.2d 1081 (5th Cir. 1973)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Safety Eng'g & Supply Co., Inc., 374 F.2d 885 (5th Cir. 1967)
- AHO v. United States, 374 F.2d 885 (5th Cir. 1967)
- McLANE v. Commissioner OF Internal Revenue, 377 F.2d 557 (9th Cir. 1967)
- Nat'l Labor Relations Bd. v. Riley Aeronautics Corp., 377 F.2d 557 (5th Cir. 1967)