Legal Opinion

Herman v. Davis Acoustical Corp.

District Court, N.D. New York

Decided September 9, 1998No. 5:79-cv-00053PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

Introduction

This action arises from a Consent Judgment and Order issued by this Court on July 16, 1979 enjoining the Defendants from violating the overtime pay and record-keeping provisions set forth in the Fair Labor Standards Act of 1938 (“FLSA”). See 29 U.S.C. §§ 207, 211(c) and 215(a)(2), (5). Subsequent to that Order, the Department of Labor’s (“DOL”) investigations revealed that the Defendants were violating the provisions of the Court’s Order. Thereafter, the DOL initiated civil contempt proceedings. On May 22, 1989, the Court issued…

2Cases cited15 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Lodges 743 & 1746, International Ass'n of Machinists Workers v. United Aircraft Corp.Court of Appeals for the Second Circuit · 1975
  3. Brock v. Superior Care, Inc.Court of Appeals for the Second Circuit · 1988
  4. United States of America, Plaintiff-Respondent v. Raymond A. O'COnnOrCourt of Appeals for the Second Circuit · 1956
  5. United States v. Antonios KoskeridesCourt of Appeals for the Second Circuit · 1989

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3Cited by3 opinions

  1. Chao v. Westside Drywall, Inc.District Court, D. Oregon · 2010
  2. Herman v. Davis Acoustical Corp.Court of Appeals for the Second Circuit · 1999
  3. Alexis M. Herman, Secretary of Labor, United States Department of Labor v. Davis Acoustical Corporation Davis Specialties Corporation Burton Fisher and Tyler Construction Corporation, Henry AshlineCourt of Appeals for the Second Circuit · 1999

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