Peter J. Brennan, Secretary of Labor v. Bill Kirk's Volkswagen and William W. Kirk

WIDENER, Circuit Judge:

This suit was brought by the Secretary of Labor under § 17 of the Fair Labor Standards Act, 29 U.S.C. § 217, to enjoin Bill Kirk’s Volkswagen, Inc., and its president, William W. Kirk, Jr., from violating the Act’s overtime and recordkeeping provisions and to restrain the continued withholding of unpaid wages due several of its employees. The defendants claimed that Alexander Rheubottom, the only employee involved in this appeal, performed a portion of his work before and after regular business hours as an “independent contractor” and therefore such overtime work was…