Ford B. Ford, Under Secretary of Labor, United States Department of Labor v. James Sharp, Jr., D/B/A Parkside Washateria

ALVIN B. RUBIN, Circuit Judge:

An employer who has two employees is subject to the Fair Labor Standards Act (FLSA) 1 even if they work at separate hours so that only one employee is on duty at a time. We, therefore, affirm the judgment against an employer for failing to pay wages in accordance with the requirements of the Act, finding the other attacks on the procedure and the judgment to be without merit. We remand, however, for a determination of the amounts due two employees whose names were listed in the pretrial order but not in the complaint.

Briefly summarized, the evidence at trial…