Legal Opinion

Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Schwerman Trucking Company of Virginia, Inc., a Corporation

Court of Appeals for the Fourth Circuit

Decided May 12, 1976No. 75-1279PublishedCited by 40 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

This action was instituted by the Secretary of Labor against Sehwerman Trucking Company of Virginia, Inc., 1 a common carrier by motor vehicle engaged in the transportation of fertilizer, gasoline, jet fuel, diesel fuel, and other petroleum type products, to enjoin' it from committing certain alleged violations of the Fair Labor Standards Act 2 (FLSA). Specifically, the Secretary contends that Sehwerman is obliged under 29 U.S.C. §§ 215(a)(2) and 215(a)(5) 3 to compensate its drivers and mechanics in accordance with the maximum hours provisions of the FLSA. 4

Sehwerman…

2Cases cited4 opinions

  1. Morris v. McCombSupreme Court of the United States · 1948
  2. Mose Garlin Starrett v. Bobby Bruce, Doing Business as Bruce Trucking CompanyCourt of Appeals for the Tenth Circuit · 1968
  3. Starrett v. BruceSupreme Court of the United States · 1968
  4. Wirtz v. Caddell Transit Corp.District Court, W.D. Oklahoma · 1966

3Cited by40 opinions

  1. Abelardo Baez, Angel Baez v. Wells Fargo Armored Service Corp., a Corp. Doing Business in the State of FloridaCourt of Appeals for the Eleventh Circuit · 1991
  2. Franklin Stainless Corporation, a New York Corporation v. Marlo Transport Corporation, a New Jersey CorporationCourt of Appeals for the Fourth Circuit · 1984
  3. Walters v. American Coach Lines of Miami, Inc.Court of Appeals for the Eleventh Circuit · 2009
  4. Friedrich v. U.S. Computer ServicesCourt of Appeals for the Third Circuit · 1992
  5. Dole v. Solid Waste Services, Inc.District Court, E.D. Pennsylvania · 1989

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