Brock v. Shirk

860 F.2d 1545 29 Wage & Hour Cas. (BN 34, 110 Lab.Cas. P 35,154 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. Nov. 17, 1988. On Remand from the Supreme Court of the United States. Before WRIGHT, WALLACE and PREGERSON, Circuit Judges. ORDER 1 The Supreme Court granted a petition for writ of certiorari, --- U.S. ----, 109 S.Ct. 38 , 102 L.Ed.2d 18 , it vacated our judgment of December 8, 1987, Brock v. Shirk, 833 F.2d 1326 (9th Cir.1987), and remanded the case to this court for further consideration in light of McLaughlin v. Richland Shoe Co., 486 U.S. ----, 108 S.Ct. 1677 , 100 L.Ed.2d 115 (1988). 2 In Section II of our opinion, we followed the controlling precedent of this circuit in determining the meaning of the word "willful" in 29 U.S.C. Sec. 255 . We relied upon Marshall v. Union Pac. Motor Freight Co., 650 F.2d 1085, 1092 (9th Cir.1981), and EEOC v. First Citizens Bank of Billings, 758…