Labor Law - Fair Labor Standards Act - Recovery in Suit by Secretary of Labor of Wages Lost Through Wrongful Discharge

Authors

Robert Brooks, University of Michigan Law School

Abstract

Several employees of respondent had requested the Secretary of Labor to institute an action against the respondent under the Fair Labor Standards Act to recover unpaid minimum wages and overtime compensation. As a result, the employees were discharged, in violation of section 15 (a) (3) of the act. The Secretary brought an action under section 17 to enjoin respondents from the violation, for reinstatement and for wages lost due to the wrongful discharge. The court of appeals held that the district court had no jurisdiction under section 17 to award wages lost through wrongful discharge. On certiorari to the United States Supreme Court, held, reversed, three justices dissenting. The proviso in section 17 of the FLSA depriving the district courts of jurisdiction to award unpaid minimum wages or overtime compensation in a suit by the Secretary of Labor to restrain violations of the act does not apply to wages lost by wrongful discharge. Mitchell v. Robert DeMario Jewelry, Inc., 80 S. Ct. 332 (1960).

Recommended Citation

Robert Brooks, Labor Law - Fair Labor Standards Act - Recovery in Suit by Secretary of Labor of Wages Lost Through Wrongful Discharge, 58 Mich. L. Rev. 939 (1960).
Available at: https://repository.law.umich.edu/mlr/vol58/iss6/14