D a & S Oil Well Servicing, Inc., a Corporation v. James P. Mitchell, Secretary of Labor, United States Department of Labor

PICKETT, Circuit Judge.

The Secretary of Labor brought this action to enjoin the defendant-employer from violating the provisions of Section 15(a) (2) and 15(a) (5) of the Fair Labor Standards Act of 1938, as amended. 1 His complaint was based upon the employer’s failure to pay additional compensation to employees who drove trucks which transported equipment and other employees to and from the place where the work was performed. The case was submitted to the trial court on an agreed statement of facts, and a permanent injunction was granted. The defendant contends that this driving time was…