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HODGSON v. AMERICAN CONCRETE CONSTRUCTION CO., INC.

No. 72-1577.

471 F.2d 1183 (1973)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Appellant, v. AMERICAN CONCRETE CONSTRUCTION CO., INC., a corporation, and Antonino Motta, Appellees.

United States Court of Appeals, Sixth Circuit.

January 17, 1973.

Attorney(s) appearing for the Case

Aaron A. Caghan, Regional Atty., U.S. Dept. of Labor, Cleveland, Ohio, John K. Light, U.S. Dept. of Labor, Washington, D.C., for appellant; Richard F. Schubert, Sol. of Labor, Carin Ann Clauss, Associate Sol., Donald S. Shire, U.S. Dept. of Labor, Washington, D.C., on brief.

Bernard S. Goldfarb of Goldfarb & Reznick, Cleveland, Ohio, for appellee American Concrete Construction Co., Inc.

Charles S. Tricarichi, Cleveland, Ohio, for appellee Antonino Motta.

Before EDWARDS and CELEBREZZE, Circuit Judges, and HASTIE, Senior Circuit Judge.

HASTIE, Senior Circuit Judge.

In this civil suit the Secretary of Labor seeks to enjoin a corporate construction contractor and its president from violating sections 7(a)(1), 7(a)(2) and 15(a)(2) of the Fair Labor Standards Act, as amended, 29 U.S.C. §§ 207, 215, by employing workers for work weeks longer than 40 hours without paying at least time and a half for hours worked in excess of 40 and to require payment of earned but withheld overtime compensation...

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