Evert L. Hagan and Pacific Coast Cheese, Inc. v. Arthur J. Goldberg, Secretary of Labor, United States Department of Labor

This case is to recover minimum wages under the Fair Labor Standards Act. The Secretary of Labor brought the action for seven employees of the appellants. The business of appellants was the manufacture and sale of cheese.

The trial court heard the testimony and on August 7, 1959, orally pronounced judgment for defendants, who are appellants here. On December 10, 1959, the trial court signed findings, conclusions and judgment in favor of plaintiff, the appellee here. The appeal is from that judgment. The District Court had jurisdiction under Section 16(c) of the Act, which is 29 U.S.C.A. § 216 , and under 28 U.S.C.A. §§ 1337 and 1345. This Court has jurisdiction under 28 U.S.C.A. §§ 1291 and 1294(1).

During the period involved in this action the employers were engaged in the manufacture of three main types of cheese. Two of them were produced for intrastate sale. The third type, called Chili Cheese, was produced for sale in California and Mexico. If the employees were employed in the manufacture of Chili Cheese they would be engaged “ * * * jn the production of goods for commerce * * *” under Section 6(a) of the Act. If they were covered by the Act they were entitled to a minimum…