W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Wohl Shoe Company, D/B/A Richardson Shoe Store

DYER, Circuit Judge:

This appeal is from a judgment of the District Court dismissing an action brought by the Secretary of Labor under § 17 of the Fair Labor Standards Act 1 to restrain appellee from violating the minimum wage, overtime and record keeping requirements, and from continuing to withhold wages due employees under the Act. We reverse.

The facts are not in dispute. Appellee is engaged in the retail sale of shoes, handbags, hosiery and sundries in over 350 leased department and family shoe stores located in 42 states and the District of Columbia. In addition, appellee is affiliated…