Tobin, Secretary of Labor v. La Duke

In 1941 the district court permanently enjoined appellee from violating the overtime compensation and record-keeping provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. In 1949 appellant instituted proceedings to have ap-pellee adjudged in civil contempt of the injunction by paying less than the overtime wages required by Section 7 of the Act to three lumber loaders, and by failing to keep wage and hour records for these three and for a fourth employee, a bookkeeper. In response appellee asserted that the four persons named were not his employees but worked as…