Marshall v. Davis

MEMORANDUM

JOHN T. NIXON, District Judge.

This action was instituted by the Secretary of Labor, under Section 17 of the Fair Labor Standards Act [hereinafter referred to as the Act] to enjoin defendant from allegedly violating the overtime 1 and record keeping provisions 2 of the Act, and to restrain defendant from withholding any overtime wages and compensation with accrued interest allegedly due employees.

Defendant is presently before this Court on a motion for summary judgment questioning the constitutionality of the pertinent provisions of the Act under Article 1, Section 8 of the United…