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MARSHALL v. EMERSONS LTD.

No. 77-1744.

593 F.2d 565 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellee, v. EMERSONS LTD., Emersons Ltd. of Virginia, Inc., Emersons Ltd. of Alexandria, Inc., Emersons Ltd. of Richmond, Inc., Emersons Ltd. of Rosslyn, Inc., Emersons Ltd. of Tysons, Inc., John P. Radnay, Individually and as President of all corporate defendants, Eli Levi, Individually and as Vice-President of all corporate Defendants, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 1979.

Attorney(s) appearing for the Case

Joel I. Keiler, Washington, D. C. (Benjamin E. Goldman, Ronald I. Tish, Feldman, Krieger & Sheehan, Washington, D. C., on brief), for appellants.

Joseph M. Woodward, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Dennis D. Clark, Atty., U. S. Dept. of Labor, Washington, D. C., Marshall H. Harris, Regional Sol., Philadelphia, Pa., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

This case is an appeal from a decision of the district court holding that Emersons Ltd.'s use of a tip back wage plan to compensate its employees at its various restaurants violated the Fair Labor Standards Act's (the Act) minimum wage requirements, 29 U.S.C. § 203(m), as amended by Fair Labor Standards Amendments of 1974, P.L. No. 93-259, § 13, 88 Stat. 55, 64-65. In the district court, Emersons argued that its tip back wage...

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