*1 gave unreasonable, cies to finish rise to City the work wreck Jefferson to, applied. and the hours of service act affords evidence substantial support judgment. precedent require we But find no Affirmed. ruling erroneously applied that the court refusing distinguish to that law at extent between the the that was work done wreck and at immediate scene tempo- Boonville where the remains were rarily accumulated, or on the road back to City. Conceding was that there Jefferson degree urgency some difference operation, stages at the several al., presents positive evidence CO. v. BROUGHTON clear ATLANTIC lines of demarcation to differentiate and three other cases. certainty said with work that it Nos. work, —“This is 'emergency Appeals, Fifth Circuit. Circuit Court not.” There is no hint in record that night there were other reasons Dec. City other movement back to Jefferson Rehearing 5,1945. Jan. Denied getting damaged than the necessity of way get- out of at stuff ting Boonville wrecking train back loca- to its. emergency tion and next restocked its urgen- call. There was no real cessation of prompt action, cy necessity but necessity continuing rather a for effort emergency abate wreck and restore normalcy. recognize wrecking We that when the journey in this crew case made City it Boonville to created Jefferson travelling pub- condition of menace line lic the main of track which the applying Act and the courts the Act have prevent. sought Instrumentalities that require high degree of care and alert- operation their ness in were committed long duty. men who had been too exceptional But the occasion was
extraordinary. A veteran railroad man testified: was the worst wreck I think wrecking saw.” two trains I ever took up it, a week clean more the wrecking ques- materials"of the train in process. up Trains tion were bunched used up delayed, and traffic departure normal was wide there
operations. operations held It need removing remains of wreck to the restoring terminal wrecker nearest emergency, state of readiness for always to deemed within or without the wrecking of a train. hold function We rightly appraised court in this law; its inferences applicable from the under which work was circumstances at Boonville train was moved done *2 B. Trout- K. and Robert W. Meadow
man, Ga., Atlanta, for Atlantic both of Co. Homer C. Richard Denton and E. Cot-
ton, Atlanta, Ga., Brpugh- both of A. ton and Emanuel ’Carthan et al. Solicitor, Maggs, Douglas U. S. B. Labor, Margolin, Asst. Dept, of and Bessie Labor, Dept, Solicitor, both of U. S. C., Washington, for amicus D. curiae. LEE, WALLER, HOLMES, Before Judges. Circuit HOLMES, Judge. separate appeals These judg- appellant ments favor of brought by them mini- suits to recover compensation,
mum and overtime liquidated damages attorney’s with fees, alleged owing to be due and Fair Labor Standards Act.1 case, appeal Upon each direct or not is whether a contract of ac- issue relating to in- and satisfaction cord legally to extin- debtedness was effective cause action. The guish alleged (by cross-appeal) appellees in each case were entitled to assert liquidated damges, not the total compensation and overtime crediting remaining the sums due settlements, paid pursuant but also upon the thereunder. amounts received to whether a The evidence as bona fide parties, upon dispute existed between the question what remained due unpaid each whom’ made, settlements and as to accepted such settlements were whether complete adjustment final that dis- pute, conflicting. was These issues of fact jury, jury but the submitted to the verdict, agree upon unable to was discharged. appealed judgments seq. § 1 29 U.S.C.A. motion full amount renewed ment the from were entered date fails compen- Rule for a directed verdict under and overtime Procedure, immediately employee, Civil sation due an there Federal Rules of *3 to employer There- following obligation upon 723c. the U.S.C.A. section arises unan- between fore, questions pay employee these of fact remain the difference due, plus an paid wages us. wages swered in the record before equal liquidated as additional amount as far This is immaterial damages; payment thereafter and the appeals upon our the direct decision though wages, the balance due even as concerned; that, whether for we think prior the ac- suit, not release made to good faith or not there was a settlement damages.6 liability liquidated crued dispute, employee each bona fide penal- damages Such as a not inflicted paid what be thereafter was entitled to ty, compensation de- but are allowed as between ever difference then remained pay.7 tention of a workman’s total due wages paid total of him liquidated Act, plus dam under dif issue, important This due to attorney’s ages fees. thereon and obliga nature ferences between the pay wages obligation tion to to and of the undisputed that an ascer It pay liquidated damages, is controlled to as remained due tained balance principles other than decisive those appellee crediting the amounts each comply appeal. on issue with the former direct Failure to paid In the pursuant to settlements. obligation is a in Act, Congress Fair Labor Standards offense, em places upon but the Act pol national “to achieve a uniform tended liqui ployer only liability pay a civil all icy compensation for guaranteeing damages, pay dated damages such failure to em employment engaged in work or is not crime or misdemeanor. Any custom ployees covered Act. statute, liability Though pay created pol falling or icy, short of that basic contract liquidated damages is no different pay agreement like an less any pay obligation ordinary other requirements, cannot wage money. a sum of It is in the nature of a deprive employees of their utilized Congressional damages estimate of the re 6 and 7 of rig Sections hts.”2 sulting wrongful to an from a providing policy by Act effectuate any withholding part of his every employer language mandatory such, compensation. overtime As it is a prescribed, pay and Sec shall subject proper of accord and satisfaction. punish provide criminal tions 15 and 16 any comply therewith.3 failure to ment for If, contend, cross-appellees in accord and satis Though settlements payments in made law, they may not are favored faction circumstances as would create an such when and enforced sanctioned satisfaction, agreement of accord and nullify tend the letter contravene and liquidated damages claim for Congress..4 spirit of an Act of extin given amounts guished. settlement was not, such claims continue to If by the raised narrow issue obligations in this valid enforceable cross-appeals involves that of Section disputed question proceeding. Since the provides the Act which 16(b) of fact which this turns was issue employer who violates the below, in the not decided court the cause 6 or 7 shall be liable Section Act must be remanded with instructions in the affected amount questions jury these be submitted to a wages, unpaid minimum or their un their determination. compensation, as case
paid
overtime
appeal,
judgment
be,
equal
On direct
each
and in an additional
amount
affirmed;
cross-appeal,
on
damages.5
judg-
the
and the
liquidated
Under
this sec
as
tion,
case is reversed
employer
pay-
in each
any regular
cause
if an
ment
705.
cal,
5 29 U.S.C.A.
2
Tennessee Coal
29 U.S.C.A.
Guess v.
321
U.S.
Montague,
590, 602,
§
§§
216(b).
Co. v.
207, 215,
64 S.Ct.
Muscoda
Lo
10
tague,
sel,
6
Seneca Coal
Overnight
L.Ed. 1682.
Cir.,
316 U.S.
136
Cir.,
pects relationships. or The pari ployee be in delicto..5 would not the United public policy of announces the expressly provides remedies matter Act employer in States toward injunction the conse- engaged prosecution and hours of byAct quences infraction of the commerce, of an also confers but it in interstate and, ex- employer, absence of an upon the personal rights privileges contrary press declaration employee. individual implication a réasonable commits enforcement Legislature meant for public Admin- rights general of the applied. Run- remedies Harris v. to be See: courts, while istrator nels, How. 13 L.Ed. personal, indi- enforcement vidual, receive rights of the any express provision omitting In prescribed wage committed to compromise outlawing the Act contracts of employee. A is created of action recog- settlement, probably Congress *5 privilege, option, and is or he afforded inability, of difficulty, yea, nized the lan- in bringing of suit the courts. The of hundreds of thousands to re- guage of the statute is that action satisfactory proof as make definite by liability may be maintained cover the interstate, dis- hours worked in to the by employee. encouraged an He is to sue intrastate, tinguished commerce. inducement of allowance of attor- perhaps, rule Congress, recognized the liquidated is ney’s damages, but fee and he proof plaintiff, of is on the that the burden required may not to sue. He refuse many employees would and that suits of no, any, reason sue his for or proof due fail because of lack of compel him so. law cannot do employee or em- failure of either the sues, he, Government, If he not the keep the hours ployer a record of basis has full control of the lawsuit. The in- worked.6 Numbers such cases and of for the amount of the and hours dur- stances came to the writer’s attention by wholly claimed him lies within the realm Judge. Wit- ing his service as District by his of conscience as influenced his ness, instance, struggles as trial his a his records or recollection. He chooses Hitchcock, Judge Tucker v. in the of lawyer lawyer usually his chooses own 880, D.C., pages F.Supp. text ad damnum. is own The upon employees, who basis which to find a not an enforcer of the Act. He is made definitely in com- engaged interstate required, expected, nor be a neither time, might receive merce a its enforcement. re- crusader That compensation which some of the at least sponsibility is the Adminis- committed to specified. The writer is under the Act also Department on- trator and the of then numer- impression that there were Justice duty Congress placed whom has by procured Ad- decrees ous consent protect the Act would from those who employers where, against in ac- ministrator disregard it. neither ex- evade or is tuality, agreements as the amount implied em- pressed nor in the Act that the by paid employers to be of back or he cannot a ployee must sue that settle compromises. of A num- were the results controversy for fewer than fide hours bona settlements between the of ber in interstate commerce or he has worked involving employees of suits money actually he believes for less pending were wages in cases and overtime under the law in the that he should have evidenced consent decrees made and sue, for neither his acts event that he approval. light In the having the Court’s public policy. offend-the affect nor light in of background; of this enjoyed long have that men so freedom of Act are of making good faith they a settlement apply to the of in that unilateral controversies; light of and in the employee. to their not to As employer and often advantages accrue contract his would be employee, an other, party are none Insurance Com- National In American pari regarded Tabor, delicto.” to be pany Tex. S.W. v. McBride, 6.Super-Cold Supreme said: Southwest Co. of Texas Court Red- Jax Beer Co. v. 124 F.2d assume that whenever safe penalty fern, Cir., imposes one a statute viz., consort, aged benefit favored and employee, for whose judi- compromise; has join unwilling (7) that the passed, I am sue, option or interdiction or to settle to sue not to cially writing into the Act settle, option having claims not such compromises suits or of bona fide freely by any bound into a con- settlement entered Such the Act. Act and and in the absence struction is not demanded faith incident, holding apprehensive vitiating I am such fraud or other fact or if detriment of which into to will be to the freedom with one enters adhered it who, any many employees being against unable to a contract is an immunizer prove any certainty the freedom in its reasonable disaffirmance. commerce, hours worked interstate especially any I cannot concur in con- might, in a construc- the absence such struction of the Act which outlaws done, tion, many a do as have and make amicable actual controversies recovering compromise, thereby reasonable relating to the number of hours worked something in a suit that otherwise claimed, for while fail in toto. of pay rate is fixed at the bottom stat- add, ute, way I unwilling judi- am the number of hours in which construction, provision period cial during the Act have worked question away wholly question takes from the individual fact praiseworthy privilege concerning which great frequently of such an- arise honest tiquity partakes disputes. it difficult Congress to some na- has ture closed of a natural the doors to and to others the settlement of dis- puted appears questions duty. religious as a moral fact and the Courts *6 by judicial should do not construction. rights employee The individual of the easily separable duty from the employer in public pol- their relation to the icy of the Act and its A enforcement. settlement in faith with the illegally withheld him from protect prose- would not cution for violating the nor prevent Administrator from exer- cising powers of enforcement con- PHILLIPS PETROLEUM CO. al. v. ferred him the Act.7 RECORD et al. It seems clear: No. 10885. (1) That the contract here was not for employment disregard future Appeals, Court Fifth Circuit. Act; (2) expressly that the Act not does Dec. prohibit the bona fide settlement claims Act; or suits (3) under the the act of an accepting prescribed wage was not made criminal and hence as to him his acceptance was not void being against public policy; (4) given duty Act; as an enforcer of the (5) that the settlement of controversies antiquity of such virtue only Congress destroy could restrict or it; Court, (6) that in the absence of express Congress, commands from should by judicial construction strike down bringing provided mean, however, “This does not or after suit before compromise compromise involve, of an action or ex- arising pressly impliedly, agreement for civil action liabilities suppress forbidden; or to a criminal evidence abandon or hin- act having on the con- trary, prosecution.” remedy one a civil for in- der a criminal Amer. juries arising from a criminal act Jur. compromise his claim therefor either