W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Idaho Sheet Metal Works, Inc., a Corporation

The Secretary of Labor brought two actions in the court below for the purpose of enforcing compliance by the defendant Idaho Sheet Metal Works, Inc. with certain requirements of the Fair Labor Standards Act. In one action the Secretary sought to enjoin further violations by the defendant of the overtime provisions of the Act. In the other action the Secretary sought recovery of unpaid overtime compensation on behalf of one of the defendant’s employees. The two actions were consolidated for trial and after dismissal of the actions by the trial court, with prejudice, the appeals therefrom were consolidated for hearing in this court.

The facts here are undisputed. It is conceded that during the years 1959 through 1961, the defendant did not pay its employees, some twelve in number, in accordance with the overtime provisions of the Fair Labor Standards Act, and it is admitted that this practice has continued thereafter. It was stipulated that if recovery was had in the action to .recover the employee’s overtime compensation, recovery should be for the sum -of $500 plus costs.

Upon the trial and in this court two questions were presented. The first question was whether any of the…