Legal Opinion
Herman v. Excel Corp.
District Court, C.D. Illinois
Decided February 9, 1999No. 98-3164PublishedCited by 4 opinions
1Opinion of the Court
OPINION
RICHARD MILLS, District Judge.
The Secretary of Labor has filed an enforcement action against an employer for alleged violations of the Fair Labor Standards Act.
May an employer file a counterclaim, in that enforcement action, against the Secretary of Labor?
The employer may, pursuant to the Administrative Procedure Act, if the Secretary of Labor’s action constitutes a final agency action.
I. BACKGROUND
The United States Secretary of Labor (“the Secretary”), acting in her official capacity, has filed the instant enforcement action against the Excel Corporation for violations of the Fair…
2Cases cited23 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Califano v. SandersSupreme Court of the United States · 1977
- Bennett v. SpearSupreme Court of the United States · 1997
- United States v. SherwoodSupreme Court of the United States · 1941
- National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
18 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Endo Pharm. Inc. v. Fed. Trade Comm'nDistrict Court, E.D. Pennsylvania · 2018
- Media General Operations Inc. v. HermanDistrict Court, S.D. Georgia · 2001
- Floyd v. Excel Corp.District Court, C.D. Illinois · 1999
- United States Department of Labor v. Los Cocos Mexican Restaurant, Inc.District Court, D. Kansas · 2022