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MARSHALL v. ROSE

No. 79-1140.

616 F.2d 102 (1980)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, v. Mrs. Bennett S. (Sally Abney) ROSE, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1980.

Attorney(s) appearing for the Case

Joseph Woodward, U. S. Dept. of Labor, Washington, D. C. (Bobbye D. Spears, Regional Sol., Atlanta, Ga., Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Lois G. Williams, U. S. Dept. of Labor, Washington, D. C., on brief), for appellant.

H. Grady Kirven, Anderson, S. C. (John A. Michaels, Watkins, Vandiver, Kirven, Gable & Gray, Anderson, S. C., on brief), for appellee.

Before WINTER and PHILLIPS, Circuit Judges, and STAKER, District Judge.

WINTER, Circuit Judge.

The Secretary of Labor brought this action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., to enjoin the defendant, Mrs. Bennett S. Rose, from violating the Act's minimum wage, overtime, and record-keeping provisions, and to secure the payment of back wages in amounts required by the Act. Defendant admitted to violations and paid the back wages due her housekeeper, cook, butler, and chauffeur, but moved for summary judgment...

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