William E. Brock Iii, Secretary of Labor, United States Department of Labor v. Big Bear Market No. 3, a Corporation and John Mabee, Individually

The Secretary of Labor sued Big Bear Market No. 3 and John Mabee, its Chief Executive Officer and principal stockholder, (collectively “Big Bear”) for back pay, damages and injunctivé relief under the Fair Labor Standards Act (“FLSA” or “the Act”), 29 U.S.C. §§ 216 (c), 217, for violating the Act’s overtime, record-keeping, and child labor provisions, 29 U.S.C. §§ 207 , 211(c), 212(c), 215(a)(2), (4) & (5). After trial the district court awarded back pay and liquidated damages to Big Bear employees it found had worked overtime without compensation in violation of 29 U.S.C. §§ 207 , 215(a)(2). It denied prospective in-junctive relief because no violations had occurred in the last three years. The Secretary appeals the district court’s denial of an injunction. We reverse and remand.

FACTS AND PROCEEDINGS

Big Bear operates retail grocery stores in California. A Department of Labor Wage-Hour Compliance Officer investigated Big Bear in late 1982 to determine its compliance with provisions of the Act. As a result of the investigation, the Secretary sued Big Bear on August 31, 1983 for past and continuing FLSA violations. The Secretary had previously conducted investigations of Big…