(DOWNLOAD) "Wirtz v. Bledsoe" by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Wirtz v. Bledsoe
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 22, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
LEWIS, C. J. This action was instituted by the Secretary of Labor under section 17 of the Fair Labor Standards Act, 29 U.S.C. §§ 201-19, by complaint alleging that the defendants-appellees had violated the overtime wage provisions of the Act and had failed to keep adequate records as required by the Act. This appeal is taken by the Secretary from a judgment favoring defendants and entered by the trial court at the close of plaintiff's evidence. See Fed. R. Civ. P. 41(b). The judgment is premised upon findings that any overtime work performed by defendants' employees was contrary to instructions and without defendants' knowledge and a specific finding that the employee Woodrow E. Linville was employed in an executive capacity and thus exempt from the compulsion of the Act pursuant to section 13(a)(1), 29 U.S.C. § 213(a)(1). We are compelled to agree with the Secretary that the latter finding is not supported by the record and that the fact that the defendants gave instructions not to work overtime is not a defense to a claim for overtime actually worked.
 "Wirtz v. Bledsoe" by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free){kind=link}