Legal Opinion
Herman v. Express Sixty-Minutes Delivery Service, Inc.
Court of Appeals for the Fifth Circuit
Decided December 9, 1998No. 97-10764PublishedCited by 64 opinions
1Opinion of the Court
ROBERT M. PARKER, Circuit Judge:
The Secretary of Labor appeals from a take-nothing judgment entered by the district court in this Fair Labor Standards Act (FLSA) case. 29 U.S.C. §§ 201, et seq. We affirm.
Procedural Background
Appellant, the Secretary of Labor, brought this FLSA action seeking to enjoin Appellee Express 60-Minutes Delivery Service, Inc. (“Express”) from violating the minimum wage, overtime compensation, and record keeping provisions of the Act. After a six-day bench trial, the district court concluded that no violation of the FLSA occurred because the courier delivery drivers…
2Cases cited11 opinions
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- United States v. SilkSupreme Court of the United States · 1947
- W. J. Usery, Secretary of Labor, United States Department of Labor, Plaintiff v. Pilgrim Equipment Company, Inc.Court of Appeals for the Fifth Circuit · 1976
- William E. Brock, Secretary of Labor, United States Department of Labor v. Mr. W Fireworks, Inc.Court of Appeals for the Fifth Circuit · 1987
- Elizabeth Dole, Secretary of Labor, United States Department of Labor v. Karen Snell and Gerald Snell, Individuals Doing Business as Cakes by KarenCourt of Appeals for the Tenth Circuit · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Swales v. KLLM Transport ServicesCourt of Appeals for the Fifth Circuit · 2021
- Parrish v. Premier Directional Drilling, L.P.Court of Appeals for the Fifth Circuit · 2019
- Michael Keller v. Miri Microsystems LLCCourt of Appeals for the Sixth Circuit · 2015
- Hopkins v. Cornerstone AmericaCourt of Appeals for the Fifth Circuit · 2008
- Mazhar Saleem v. Corporate Transportation Group, Ltd.Court of Appeals for the Second Circuit · 2017
59 more not listed; retrieve them via the Exa API.