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FORD v. SHARP

No. 84-4408 Summary Calendar.

758 F.2d 1018 (1985)

Ford B. FORD, Under Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. James SHARP, Jr., d/b/a Parkside Washateria, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 26, 1985.

Attorney(s) appearing for the Case

James Sharp, Jr., Carl Van Sharp, Monroe, La., for defendant-appellant.

Linda Jan S. Pack, U.S. Dept. of Labor, Anne Fugett, Washington, D.C., for plaintiff-appellee.

Before RUBIN, RANDALL, and TATE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

An employer who has two employees is subject to the Fair Labor Standards Act (FLSA)1 even if they work at separate hours so that only one employee is on duty at a time. We, therefore, affirm the judgment against an employer for failing to pay wages in accordance with the requirements of the Act, finding the other attacks on the procedure and the judgment to be without merit. We remand, however, for a determination...

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