Brennan v. Elmer's Disposal Service, Inc.

510 F.2d 84 22 Wage & Hour Cas. (BN 118, 76 Lab.Cas. P 33,194 Peter J. BRENNAN, Secretary of Labor, Plaintiff-Appellee, v. ELMER'S DISPOSAL SERVICE, INC., Defendant, and Universal By-Products, Inc., a corporation dba Universal Refuse Removal Co. of El Cajon, Defendant-Appellant. No. 72--2783. United States Court of Appeals, Ninth Circuit. Jan. 13, 1975. 1 David G. Miller, Loeb & Loeb, Los Angeles, Cal., for defendant-appellant. 2 Edith Barnett (argued), Dept. of Labor, Washington, D.C., for plaintiff-appellee. 3 Before DUNIWAY and HUFSTEDLER, Circuit Judges, and LUCAS, * District Judge. OPINION LUCAS, District Judge: 4 The Secretary of Labor brought this action against Elmer's Disposal Service, Inc. and others to enjoin violations of the overtime compensation provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 207 (a)(1) and 215(a)(2), and to restrain defendants from withholding unpaid compensation allegedly due defendants' employees. The district court entered judgment for the Secretary and granted the requested injunctive relief as well as restitution for unpaid overtime compensation. The only issues on appeal are whether defendants' fixed salary…