Legal Opinion
Ray Marshall, Secretary of Labor, United States Department of Labor, Plaintiff v. Union Pacific Motor Freight Company, a Corporation
Court of Appeals for the Ninth Circuit
Decided July 13, 1981No. 79-3273PublishedCited by 27 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
The Secretary of Labor seeks to enjoin Union Pacific Motor Freight Company from failing to pay past and future overtime compensation to its dispatchers. The Secretary contends that Union Pacific’s failure to pay overtime violates section 7 of the Fair Labor Standards Act, 29 U.S.C. § 207(a)(1). He also contends that the violation was “willful” and that the three year statute of limitations applies. 29 U.S.C. § 255(a). Union Pacific argues that its dispatchers’ duties affect the safety of operation of vehicles used in interstate commerce and that its dispatchers are…
2Cases cited9 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Laffey v. Northwest Airlines, Inc.Court of Appeals for the D.C. Circuit · 1976
- Levinson v. Spector Motor ServiceSupreme Court of the United States · 1947
- Arthur Coleman v. Jiffy June Farms, Inc., James D. Hodgson, Secretary of Labor, United States Department of Labor v. Jiffy June Farms, Inc.Court of Appeals for the Fifth Circuit · 1972
- Pyramid Motor Freight Corp. v. IspassSupreme Court of the United States · 1947
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- McLaughlin v. Richland Shoe Co.Supreme Court of the United States · 1988
- Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Sabine Irrigation Co., Inc., C.H. AlberdingCourt of Appeals for the Fifth Circuit · 1983
- Equal Employment Opportunity Commission, Cross-Appellee v. First Citizens Bank of Billings, Cross-AppellantCourt of Appeals for the First Circuit · 1985
- William E. Brock, Secretary of Labor, United States Department of Labor v. Richland Shoe CompanyCourt of Appeals for the Third Circuit · 1986
- Jones v. GilesCourt of Appeals for the Ninth Circuit · 1984
22 more not listed; retrieve them via the Exa API.