(Download) "Wirtz v. Atlantic States Construction Co." by United States Court of Appeals for the Fifth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Wirtz v. Atlantic States Construction Co.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 07, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
BROWN, C.J.: Only one question raises this case ever so slightly above the routine action by the Secretary of Labor on behalf of individual workers seeking recovery of minimum wages under the FLSA, 29 USCA Γ§ 201 et seq. This is the problem of whether the suit, instituted in fact by the Regional Attorney in the name of the Secretary of Labor constitutes one which "" the Secretary may bring * * * in any court of competent jurisdiction to recover the amount of such claim,"" 29 USCA Γ§ 216(c).1 A substantive question of coverage, although compelling reversal, offers nothing new by way of legal principle or factual evaluation. The District Court held that the action was properly instituted. We agree and consequently reject the Employer's cross appeal. On the merits the District Court held, however, that building the new marginal wharf for the Port of Georgetown, South Carolina, was new construction not under the coverage of the Act. On the Government's appeal, we disagree and reverse.