Brennan v. Carrasco

540 F.2d 454 22 Wage & Hour Cas. (BN 1243, 79 Lab.Cas. P 33,417 Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. J. G. CARRASCO, Individually and J. G. Carrasco, Inc., doing business as J. C.Inc. Liquid Waste Disposal, a corporation, Defendants-Appellants. No. 75-1443. United States Court of Appeals, Ninth Circuit. Aug. 12, 1976. Ronald M. Telanoff (argued), Los Angeles, Cal., for appellant. Marcia Lurensky (argued), and Jacob Karro (argued), of Fair Labor Standards Div., Dept. of Justice, Washington, D. C., for appellee. OPINION Before KOELSCH, TRASK and KENNEDY, Circuit Judges. TRASK, Circuit Judge. 1 In this action the Secretary of Labor sought to enjoin the defendants-appellants from violating the overtime requirements of the Fair Labor Standards Act 1 and to restrain the continued withholding of back wages to their employees under the Act. 2 After a hearing on cross motions for summary judgment based on a Joint Statement of Facts, the trial court upheld the Secretary's position that appellants' business was a covered "enterprise" within the meaning of Section 3(s)(1) of the Act and that it was therefore required to comply…