Legal Opinion
McLaughlin v. Owens Plastering Co.
Court of Appeals for the Ninth Circuit
Decided March 7, 1988No. 87-1562PublishedCited by 9 opinions
1Opinion of the Court
SCHROEDER, Circuit Judge:
This is an interlocutory appeal, pursuant to section 1292(b), in which Owens Plastering Company appeals the district court’s denial of its request for a jury trial in this Fair Labor Standards Act enforcement case. We reverse because we hold that the Secretary has set forth a claim for legal as well as equitable relief. See Dairy Queen, Inc. v. Wood, 369 U.S. 469, 82 S.Ct. 894, 8 L.Ed.2d 44 (1962).
The Secretary of Labor filed this action in September 1985, alleging that Owens had violated the Fair Labor Standards Act by (1) failing to pay overtime rates to its…
2Cases cited11 opinions
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Curtis v. LoetherSupreme Court of the United States · 1974
- Tull v. United StatesSupreme Court of the United States · 1987
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Raymond W. Jones and v. A. Sauls, Inc.Court of Appeals for the Fifth Circuit · 1965
- Thermo-Stitch, Inc. v. Chemi-Cord Processing Corp. And Standwear Pleating Co., Inc.Court of Appeals for the Fifth Circuit · 1961
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Robert B. Reich, Secretary of Labor, United States Department of Labor v. Tiller Helicopter Services, Inc. And William J. Tiller, Sr.Court of Appeals for the Fifth Circuit · 1993
- Dole v. Solid Waste Services, Inc.District Court, E.D. Pennsylvania · 1989
- United States v. Neil T. NordbrockCourt of Appeals for the Ninth Circuit · 1991
- Dole v. Scott-Rice of Texas, Inc.District Court, N.D. Texas · 1990
- Solis v. Best Miracle CorporationDistrict Court, C.D. California · 2010
4 more not listed; retrieve them via the Exa API.