Billy H. Forrester v. Roth's I. G. A. Foodliner, Incorporated, an Oregon Corporation

This is an appeal of a summary judgment granted to the defendant-appellee, Roth’s I.G.A. Foodliner. The district court’s opinion, which appears at 475 F.Supp. 630 , sets forth the nature of the controversy.

Plaintiff-appellant, Forrester, contends that the district court erred in granting summary judgment to Roth’s because the doctrine of equitable estoppel is inapplicable to Fair Labor Standard Act (FLSA) claims: and even if the doctrine is applicable, it had not been established in this case.

Although we agree that the grant of summary judgment to Roth’s was appropriate, we affirm on a different basis.

Under the FLSA, no employer shall employ any of its covered employees for a work week that is longer than 40 hours unless that employee receives as compensation for his employment at least one and a half times the regular rate for all overtime hours. 29 U.S.C. § 207 (a). An employer who violates this provision is liable to the employee for the overtime wage, as well as an additional equal amount as liquidated damages, and the court may allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action. 29 U.S.C. § 216 (b).

As defined in 29 U.S.C. § 203 (g),…