Pacific Coast Cheese, Inc., and Evert L. Hagan v. W. Willard Wirtz, Secretary of Labor, United States Department of Labor

This is a second appeal involving two consolidated suits that were brought by the Secretary of Labor under section 16(c) of the Fair Labor Standards Act ( 29 U.S.C.A. § 216 (c)) to recover unpaid minimum wages. In the original proceedings, the trial court entered judgment for the Secretary in the amount of $2,263.90 for unpaid minimum wages owing to five employees. Upon appeal to this court, the judgment was set aside and the cause remanded for further proceedings in accordance with the opinion of this court. Thereafter, further proceedings were had, and the trial court again entered judgment for the Secretary in the same amount. The present appeal was timely filed and the jurisdiction of this court continues under 28 U.S.C. § 1291 and § 1294.

Two questions of fact were in issue in the court below. The first went to the question of coverage under the Act. In this regard, the employer is a cheese manufacturer, who produced three kinds of cheese, two of which were sold entirely within the state. The third kind was exported in substantial part to Mexico. The employer, disputing coverage, contended that the work on the third kind was segregated from other work in the plant, and was…