FITZHARRIS, CONSERVATION CENTER SUPERINTENDENT

v.

BLAYLOCK

Citator

Cited By (71 total)

• Trans World Airlines, Inc. v. Thurston, 469 U.S. 111 (U.S. 1985)
  …U. S. C. § 255(a). Several courts have held that a violation is willful within the meaning of § 6 if the employer knew that the ADEA was “in the picture.” See, e. g., Coleman v. Jiffy June Farms, Inc., 458 F. 2d 1139, 1142 (CA5 1971), cert. denied, 409 U. S. 948 (1972); EEOC v. Central Kansas Medical Center, 705 F. 2d 1270, 1274 (CA10 1983). Respondents contend that the term “willful” should be interpreted in a similar manner in applying the liquidated damages provision of the ADEA. We are unpersuaded by re…
• Sea-Land Servs., Inc. v. Gaudet, 414 U.S. 573 (U.S. 1974)
  …two cases from the United States District Court for the Eastern District of Louisiana have concluded that Moragne signaled a break with settled admiralty wrongful-death damages rules. Dennis v. Central Gulf S. S. Corp., 453 F. 2d 137, cert. denied, 409 U. S. 948 (1972); In re Farrell Lines, Inc., 339 F. Supp. 91 (1971); In re Sincere Navigation Corp., 329 F. Supp. 652 (1971). In the latter case, the court candidly admitted that its decision “may conflict with Moragne’s goal of uniformity of recovery for all…
• McLaughlin v. Richland Shoe Co., 486 U.S. 128 (U.S. 1988)
  …culated to resolve the doubt. I have no quarrel with the opinion of the Court to the extent that it rejects the “in the picture” standard of willfulness elaborated in Coleman v. Jiffy June Farms, Inc., 458 F. 2d 1139, 1142 (CA5 1971), cert. denied, 409 U. S. 948 (1972). As the Court succinctly explains, by permitting a finding of willful violation every time an employer knew that the FLSA was “in the picture,” the Jiffy June standard “virtually obliterates any distinction between willful and nonwillful vi…

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