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MARTIN v. SELKER BROS., INC.

No. 90-3762.

949 F.2d 1286 (1991)

Lynn MARTIN, Secretary of Labor, United States Department of Labor v. SELKER BROTHERS, INC., and Helen Selker, Executrix of the Estate of Bernard Selker, Deceased, for him Individually and as Employer for Selker Brothers, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Decided December 4, 1991.

Attorney(s) appearing for the Case

Chester S. Fossee (argued) and Bradley S. Dornish, Reale, Fossee & Ferry, P.C., Pittsburgh, Pa., for appellants.

Paul J. Brysh, Office of the U.S. Atty., Pittsburgh, Pa., Marshall H. Harris, Regional Sol., Lauriston H. Long (argued), and William J. Stone, U.S. Dept. of Labor, Washington, D.C., for appellee.

Before SLOVITER, Chief Judge, COWEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal requires us to determine the standards for defining employment relationships under the Fair Labor Standards Act, "willful" violations of that statute, and the method for computing damages for such violations in the absence of employer records. The defendant in this case, a distributor of gasoline, oil, and related products, appeals the order of the United States District Court for the Western District...

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