Legal Opinion
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. GILBARCO, INC., Appellee
Court of Appeals for the Fourth Circuit
Decided January 9, 1980No. 78-1661PublishedCited by 38 opinions
1Opinion of the Court
K. K. HALL, Circuit Judge:
The primary question on this appeal is whether an age discrimination suit brought by the Secretary of Labor under the authority of § 17 of the Fair Labor Standards Act is effectively commenced, for statute of limitations purposes, with the filing of a complaint which does not name the aggrieved individuals. We believe that a § 17 action is commenced for all purposes when the complaint is filed, regardless of whether the individuals are named in it. Accordingly, we vacate the order of the district court granting summary judgment for defendant on the Secretary’s § 17…
2Cases cited14 opinions
- Lorillard v. PonsSupreme Court of the United States · 1978
- Oscar Mayer & Co. v. EvansSupreme Court of the United States · 1979
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Raymond W. Jones and v. A. Sauls, Inc.Court of Appeals for the Fifth Circuit · 1965
- James D. Hodgson, Secretary of Labor, United States Department of Labor v. Brookhaven General HospitalCourt of Appeals for the Fifth Circuit · 1970
- James D. Hodgson, Secretary of Labor, United States Department of Labor v. Wheaton Glass Co., a CorporationCourt of Appeals for the Third Circuit · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Brock v. Superior Care, Inc.Court of Appeals for the Second Circuit · 1988
- Brock v. Superior Care, Inc.Court of Appeals for the Second Circuit · 1988
- Sperling v. Hoffmann-La Roche, Inc.Court of Appeals for the Third Circuit · 1994
- Granville Amos v. Maryland Dept. Of Public Safety And Correctional ServicesCourt of Appeals for the Fourth Circuit · 1997
- Glass v. IDS Financial Services, Inc.District Court, D. Minnesota · 1991
33 more not listed; retrieve them via the Exa API.