Secretary of Labor, United States Department of Labor v. E. R. Field, Inc., and Eugene R. Field

LEVIN H. CAMPBELL, Circuit Judge.

After a non-jury trial the district court entered an injunction compelling E. R. Field, Inc. and Eugene R. Field (collectively Field) to adhere to the provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and to pay $1,568.62 of unlawfully withheld back wages to former employee Richard Au-det. Field argues three grounds for reversal: (1) that Audet’s time was not “employment”, and hence not compensa-ble under the Act; (2) that Field and Audet had reached an “understanding” under § 207(g) (2) for payment for different tasks at different rates;…