Legal Opinion
William E. Brock, Secretary of Labor, United States Department of Labor v. Rusco Industries, Inc.
Court of Appeals for the Eleventh Circuit
Decided April 11, 1988No. 87-8389PublishedCited by 26 opinions
1Opinion of the Court
FAY, Circuit Judge:
Prior to filing for bankruptcy, Rusco Industries, Inc. (“Rusco”) violated the Fair Labor Standards Act (“FLSA”) §§ 1-19, 29 U.S.C. §§ 201-219 (1982), by not paying its employees for their final two weeks of work. Consequently, the Secretary of Labor brought an action in district court to prevent the sale of all the goods produced in violation of the FLSA. The district court found that the Bankruptcy Code automatically stayed the Secretary’s FLSA action and dismissed the case. The Secretary appeals the dismissal, and we reverse.
I. Background
Rusco employed about 150 people in…
2Cases cited5 opinions
- Maryland v. WirtzSupreme Court of the United States · 1968
- National Labor Relations Board v. Evans Plumbing CompanyCourt of Appeals for the Fifth Circuit · 1981
- Citicorp Industrial Credit, Inc. v. BrockSupreme Court of the United States · 1987
- Commodity Futures Trading Com'n v. Co Petro Marketing Group, Inc.Court of Appeals for the Ninth Circuit · 1983
- Donovan v. TMC Industries, Ltd.District Court, N.D. Georgia · 1982
3Cited by26 opinions
- In Re BriggsUnited States Bankruptcy Court, E.D. Michigan · 1992
- In Re Commonwealth Companies, Inc.Court of Appeals for the Eighth Circuit · 1990
- Chao v. Hospital Staffing Services Inc.Court of Appeals for the Sixth Circuit · 2001
- Ngan Gung Restaurant, Inc. v. New York (In Re Ngan Gung Restaurant, Inc.)United States Bankruptcy Court, S.D. New York · 1995
- New Orleans Airport Motel Associates, Ltd. v. Lee (In Re Servico, Inc.)United States Bankruptcy Court, S.D. Florida. · 1992
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