Krout
Mitchell v. Krout
Opinion
lead Opinion
Harris, J.
This is an action brought by the Secretary of Labor under Section 17 of the Fair Labor Standards Act ( 29 U.S.C.A. § 217 ). He seeks to enjoin defendants from violating the overtime, record-keeping and shipment provisions of the Act.
The essential facts were the subject of stipulation, entered of record at the time of the hearing. In addition, one of the defendants, Mr. Schneider, offered himself as a witness.
Defendants operate an investigative agency. They maintain a principal office in San Francisco and smaller branch offices in Los Angeles and Fresno, California, Portland, Oregon, and Seattle, Washington. They employ fifteen to twenty-five field investigators in San Francisco, four to seven in Los Angeles and one to three out of their other of-’ fices. Their clerical staff consists of three employees in San Francisco and one in Los Angeles. San Francisco is the hub of their activities and all matters are cleared through this office.
Under defendants’ mode of doing business, investigators perform work in excess of forty hours per week without receiving fair labor standards’ additional compensation for the excess hours. Defendants do not maintain records of the daily or…