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ACOSTA v. MIN & KIM, INC.

Nos. 18-1190/1338.

919 F.3d 361 (2019)

R. Alexander ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee/Cross-Appellant, v. MIN & KIM, INCORPORATED, dba Seoul Garden of Ann Arbor, a Michigan corporation; Kounwoo Hur; Sung Hee Kim, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 18, 2019.

Attorney(s) appearing for the Case

ARGUED: Cindy Rhodes Victor , KUS RYAN, PLLC, Auburn Hills, Michigan, for Appellants/Cross-Appellees. Sarah Kay Marcus , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Cindy Rhodes Victor , KUS RYAN, PLLC, Auburn Hills, Michigan, for Appellants/Cross-Appellees.

Melissa A. Murphy , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Appellee/Cross-Appellant.

Before: BATCHELDER, SUTTON, and DONALD, Circuit Judges.

OPINION

The U.S. Department of Labor sued two restaurant owners, Kounwoo Hur and Sung Hee Kim, for breaking the Fair Labor Standards Act's overtime and recordkeeping rules. The district court held that Hur and Kim violated the Act and must pay their employees the unpaid overtime but declined to award double damages...

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