Brock v. Shirk

833 F.2d 1326 28 Wage & Hour Cas. (BN 625, 107 Lab.Cas. P 34,996 William E. BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Joann SHIRK, individually and doing business as Oregon Meat Cutting School; Frank B. Shirk, individually and doing business as Oregon Meat Cutting School, Defendants-Appellees. No. 86-4121. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1987. Decided Dec. 8, 1987. Claire Brady White, U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant. Edward N. Fadeley, Fadeley & Fadeley, Eugene, Or., for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before WRIGHT, WALLACE and PREGERSON, Circuit Judges. PER CURIAM: 1 This is a case about willfulness, good faith and the Fair Labor Standards Act ("FLSA"). The Secretary of Labor appeals from the relief, inadequate in his view, that was granted in litigation against violators of FLSA. 2 The trial judge found that employers, then before the court as repeat offenders under FLSA, "knew or had reason to know that [their] employees were working overtime hours without compensation." He also ruled…