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BROCK v. SHIRK

No. 86-4121.

833 F.2d 1326 (1987)

William E. BROCK, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. Joann SHIRK, individually and doing business as Oregon Meat Cutting School; Frank B. Shirk, individually and doing business as Oregon Meat Cutting School, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1987.

Attorney(s) appearing for the Case

Claire Brady White, U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

Edward N. Fadeley, Fadeley & Fadeley, Eugene, Or., for defendants-appellees.

Before WRIGHT, WALLACE and PREGERSON, Circuit Judges.

PER CURIAM:

This is a case about willfulness, good faith and the Fair Labor Standards Act ("FLSA"). The Secretary of Labor appeals from the relief, inadequate in his view, that was granted in litigation against violators of FLSA.

The trial judge found that employers, then before the court as repeat offenders under FLSA, "knew or had reason to know that [their] employees were working overtime hours without compensation." He also ruled that the employers' acts...

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