James D. Hodgson, Secretary of Labor, United States Department of Labor v. Ross Baker Doing Business as Ross Baker Towing

The Secretary of Labor appeals from the dismissal on the merits of an action under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. The Secretary brought the action seeking to enjoin defendant Ross Baker, d/b/a Ross Baker Towing, from allegedly violating the Act’s overtime and record keeping requirements, and to restrain him from withholding wages due under the Act to his employees.

After trial, the district court found that: (1) the defendant’s employees were engaged in commerce within the meaning of the FLSA; (2) the defendant’s business was not exempt from the provisions of the FLSA as a retail or service establishment; (3) the defendant’s employee Danny Davis, during all times mentioned in plaintiff’s complaint, was employed in a bona fide executive and administrative capacity, and as such was exempt from the overtime provisions of the FLSA by virtue of § 13(a)(1) thereof; and (4) the defendant violated neither the overtime provisions nor the record keeping provisions of the FLSA.

The Secretary appeals the court’s ruling regarding the exemption for Danny Davis and defendant’s compliance with the overtime provisions of the Act. The defendant has cross-appealed on…