[Download] "Wirtz v. Flame Coal Co." by Sixth Circuit. United States Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Wirtz v. Flame Coal Co.
- Author : Sixth Circuit. United States Court Of Appeals
- Release Date : January 21, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
BOYD, D. J.: This is an appeal from a denial of an injunction to restrain defendants-appellees from violating certain provisions of the Fair Labor Standards Act of 1938, 52 Stat. 1060, as amended; 29 U.S.C. 201 et seq. The injunction proceeding was filed pursuant to 29 U.S.C., section 217, plaintiff-appellant alleging violations of 29 U.S.C., sections 215(a)(1), 215(a)(2) and 215(a)(5). The prohibited acts under section 215 are the wage and hour sections of the Act (sections 6 and 7) and the record keeping provisions of section 11(c). unction, ruled that it would not, in its discretion, issue an injunction unless "there is a preponderance of convincing evidence that violations are still occurring and will continue to occur"; that it is impossible for small operators to produce coal and at the same time comply with the requirements of the Fair Labor Standards Act; that the undertaking of the defendants "seems to be. .. a sort of joint enterprise"; that truck drivers do not have to be compensated for waiting time under the Act; and that nightwatchmen who work varied and fluctuating hours may be paid a fixed monthly salary without adjustment for overtime compensation.