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HERMAN v. DAVIS ACOUSTICAL CORP.

No. 79-CV-53 (FJS).

21 F.Supp.2d 130 (1998)

Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. DAVIS ACOUSTICAL CORP.; Davis Specialties Corp.; Burton Fisher; Henry Ashline; and Tyler Construction Corp.; Defendants.

United States District Court, N.D. New York.

September 9, 1998.

Attorney(s) appearing for the Case

J. Davitt McAteer, Solicitor of Labor, U.S. Department of Labor, New York City (Louis D. Debernardo, John G. Campbell, of counsel), for Plaintiff.

Littler, Mendelson, Fastiff, Tichy & Mathiason, Atlanta, GA (Dudley C. Rochelle, of counsel), for Defendants.

Cade, Saunders Law Firm, Albany, NY (William J. Cade, of counsel), for Defendants.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

Introduction

This action arises from a Consent Judgment and Order issued by this Court on July 16, 1979 enjoining the Defendants from violating the overtime pay and record-keeping provisions set forth in the Fair Labor Standards Act of 1938 ("FLSA"). See 29 U.S.C. §§ 207, 211(c) and 215(a)(2), (5). Subsequent to that Order, the Department of Labor's ("DOL") investigations revealed...

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