Donovan v. Public Service Co. of New Mexico

MEMORANDUM OPINION AND ORDER

BURCIAGA, District Judge.

THIS MATTER comes before the Court on cross-motions for summary judgment. The Court, having read the memoranda of the parties, and being otherwise fully advised in the premises, finds that the plaintiff’s motion for summary judgment should be granted in part and that defendant’s motion should be denied.

This action is brought by the Secretary of Labor to enjoin the defendant from violating provisions of the Fair Labor Standards Act [“F.L.S.A.”], 29 U.S.C. § 201 et seq., and to further enjoin the defendant from continuing to withhold overtime…