Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Samuel G. Saghatelian, Individually, and Dba Valley Bakery
Opinion
Opinion
Barnes, J.
The defendant-appellee is individually the owner and operator of a small bakery business known as Valley Bakery in Fresno, California.
This civil suit was brought in Federal District Court by the Secretary of Labor under Section 17 of the Fair Labor Standards Act, to enjoin defendant from violating the Act’s overtime and record keeping requirements in the future, and to enjoin the continued withholding of past overtime pay.
The Fair Labor Standards Act provides a threefold plan, of civil enforcement:
(1) Employees can bring an action at law for back wages due, plus damages, and attorney’s fees. (§ 16(b))
(2) The Secretary of Labor can bring an action at law for back wages, provided he has written consent of employees. (§ 16(c))
(3) The Secretary of Labor can bring suit in equity for an injunction against future violations and against continued withholding, of back overtime pay claimed. (§ 17)
Since no employee has demanded overtime pay or complained over the lack thereof, and since no employee has sued defendant, or asked the Government to sue on their behalf (F. 18, C.T. 219), this case falls under the third of the above mentioned provisions.