From Casetext: Smarter Legal Research

Meek v. United States

Circuit Court of Appeals, Sixth Circuit
Jun 24, 1943
136 F.2d 679 (6th Cir. 1943)

Summary

concluding it was "immaterial whether [the defendant], at the time, was [plaintiff]'s employer, or whether he was engaged in interstate commerce, since the prohibitions of the statute are directed to 'any person'"

Summary of this case from Demirovic v. Ortega

Opinion

No. 9389.

June 24, 1943.

Appeal from the District Court of the United States for the Western District of Tennessee; Marion Speed Boyd, Judge.

J.R. Meek, Sr., and George Winter were convicted under provision of Fair Labor Standards Act prohibiting discharge of employees because of their complaints for violation of the act, and defendants appeal.

Affirmed.

J.W. Rankin, of Martin, Tenn., for appellant.

Glenn M. Elliott, of Nashville, Tenn. (William McClanahan and C.P.J. Mooney, both of Memphis, Tenn., and Jeter S. Ray of Nashville, Tenn., on the brief), for appellee.

Before SIMONS, HAMILTON and MARTIN, Circuit Judges.


Indicted for violating the provisions of § 215(a)(3), 29 U.S.C.A., a provision of the Fair Labor Standards Act which prohibits discharge of employees because of their complaints for violation of the provisions of the Act, Meek was convicted for the unlawful discharge of one Crutcher, and Winter for the unlawful discharge of Barnes. Meek assails the conviction on the ground that he could not be guilty of discharging Crutcher because he was not his employer, and both appellants complain of the insufficiency of the evidence to support the verdict.

Meek's separable contention is that he had no control over the business because he had transferred it to Winter, his son-in-law, some time before the discharges. There was evidence, however, that he knew of the complaints before the transfer, that thereafter he handled purchases, did most of the hiring and discharging, had tried to negotiate a lease of the business five months after Winter took over, and that he had told one of the employees that there was no use filing wage claims — that if any one did he would "fire every damn one of them." The evidence is sufficient for the jury to find that Meek exercised enough control of the business to make him responsible for the discriminatory discharges, or, if not directly responsible, that he aided and abetted discharge by Winter so as to warrant a verdict of guilty under the aiding and abetting statute, 18 U.S.C.A. § 550. It is immaterial whether Meek, at the time, was Crutcher's employer, or whether he was engaged in interstate commerce, since the prohibitions of the statute are directed to "any person." William Bowe et al. v. Judson C. Burns, Inc., 3 Cir., 137 F.2d 37. As there pointed out, the differentiation between the prohibitions in other sections of the Act directed to the "employer," and those here directed to "any person," is significant of the intent of the Congress. The language is clear and conforms to the pattern of the Act.

In respect to the discharge of Barnes by Winter, the evidence is clear. Barnes was an old and valuable employee who had been retained and promoted even after discovery of discrepancies in his accounts as a salesman. Winter found out about Barnes' claims for compensation under the Act, on August 17, and discharged him, August 18. Ostensibly, at least, Winter was Barnes' employer, and under all the evidence was in no position to deny it.

No other question of law appears in the case. The charge of the court to the jury was without exception and was not included in the record. It must be assumed that it properly covered all questions in the case. Nichamin v. United States, 6 Cir., 263 F. 880; United States v. Gardzielewski, 7 Cir., 125 F.2d 138, certiorari denied 315 U.S. 823, 62 S.Ct. 915, 86 L.Ed. 1219.

Judgments and sentences are affirmed.


Summaries of

Meek v. United States

Circuit Court of Appeals, Sixth Circuit
Jun 24, 1943
136 F.2d 679 (6th Cir. 1943)

concluding it was "immaterial whether [the defendant], at the time, was [plaintiff]'s employer, or whether he was engaged in interstate commerce, since the prohibitions of the statute are directed to 'any person'"

Summary of this case from Demirovic v. Ortega

upholding conviction under FLSA after employer fired an employee who complained about possible FLSA violations

Summary of this case from U.S. v. Shafer

sustaining conviction for retaliating against employees who filed FLSA claim

Summary of this case from Morangelli v. Chemed Corporation

In Meek v. United States, 136 F.2d 679 (6th Cir. 1943), the Sixth Circuit rejected an appeal of a conviction under FLSA's criminal provision arising from a former employer's violation of FLSA's anti-retaliation prohibition.

Summary of this case from Rankin v. PTC All. Holdings

In Meek v. United States, 136 F.2d 679 (6th Cir.1943), the court concluded that, although the defendant was not the employees' employer, the defendant could be convicted of unlawful discharge under section 15(a)(3), because the defendant was the previous owner of the business and had sold it to his son-in-law, continued to do much of the hiring and firing at the business, and threatened to fire the business' employees if they filed wage claims against their employer.

Summary of this case from DiNicola v. State
Case details for

Meek v. United States

Case Details

Full title:MEEK et al. v. UNITED STATES

Court:Circuit Court of Appeals, Sixth Circuit

Date published: Jun 24, 1943

Citations

136 F.2d 679 (6th Cir. 1943)

Citing Cases

Wirtz v. Ross Packaging Company

" (Emphasis added.) See Meek v. United States, 6 Cir. 1943, 136 F.2d 679; Walling v. O'Grady, 3 WH Cases 781,…

U.S. v. Shafer

The Department of Justice, upon the recommendation of the Secretary of Labor, has the authority to prosecute…