Raymond J. Donovan, Secretary of Labor, United States Department of Labor, and Randell Craig Mondy v. Tierra Vista, Inc. And Ross Flood

McKAY, Circuit Judge.

The Secretary of Labor and Randell C. Mondy appeal the trial court’s failure to enjoin Mr. Mondy’s employer from withholding unpaid overtime compensation. They brought this action under section 17 of the Fair Labor Standards Act (FLSA), 29 U.S.C.A. § 217 (West 1985), charging that the employer, Tierra Vista, Inc., and its president, Ross Flood, willfully violated the overtime and record-keeping provisions of the Act. The trial court found that Tierra Vista and Mr. Flood had not violated the act because it paid its employees according to a valid Belo plan. Such a plan is…