Lynn A. Martin, Secretary of Labor, United States Department of Labor v. Applied Data System, a Corporation Johann P. Ager

Good Law
972 F.2d 1340·1992 U.S. App. LEXIS 27585
United States Court of Appeals for the Ninth CircuitJuly 28, 199291-15799California408 words

Opinion

Opinion

972 F.2d 1340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lynn A. MARTIN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. APPLIED DATA SYSTEM, a corporation; Johann P. Ager, Defendants-Appellees. Nos. 91-15799, 91-16285. United States Court of Appeals, Ninth Circuit. Submitted May 14, 1992. * Decided July 28, 1992. Before HUG, SKOPIL and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 The Secretary of Labor appeals from judgments against an employer in this action brought under the Fair Labor Standards Act. The Secretary contends that the court erred in awarding partial prejudgment interest and in deducting lunch time from the backpay award. We affirm. DISCUSSION 3 We conclude that the district court did not abuse its discretion in awarding only partial prejudgment interest. See Ford v. Alfaro, 785 F.2d 835, 842 (9th Cir.1986). Equitable considerations will justify an award of less than full prejudgment interest. See id.; Dole v. Shenandoah…

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