Legal Opinion
John T. Dunlop, Secretary of Labor, United States Department of Labor v. City Electric, Inc., and Paul R. Roland
Court of Appeals for the Fifth Circuit
Decided February 18, 1976No. 74--2587PublishedCited by 96 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
This appeal is from a denial of relief sought by the Secretary of Labor under § 17 of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.), claiming back wages due certain employees for overtime work performed on behalf of their employer, City Electric, Inc. and the individual defendant, Paul R. Roland. 1 The district court found that the work in question was performed before 8:00 a. m., the time at which the workday began, but held that the activities fell within the excepting language of § 4 of the Portal-to-Portal Act. This provision relieves employers from…
2Cases cited15 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Steiner v. MitchellSupreme Court of the United States · 1956
- Mitchell v. King Packing Co.Supreme Court of the United States · 1956
- James P. Mitchell, Secretary of Labor, United States Department of Labor v. Mitchell Truck Line, Inc.Court of Appeals for the Fifth Circuit · 1961
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3Cited by96 opinions
- Bonilla v. Baker Concrete Construction, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Boudreaux v. Banctec, Inc.District Court, E.D. Louisiana · 2005
- Ted L. Lindow v. United StatesCourt of Appeals for the Ninth Circuit · 1984
- Alvarez v. IBP, Inc.Court of Appeals for the Ninth Circuit · 2003
- Kellar v. Summit Seating Inc.Court of Appeals for the Seventh Circuit · 2011
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