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UNITED STATES v. FIORE

February 1, 1972

UNITED STATES of America
v.
William FIORE, Individually and d/b/a Fiore Trucking and Contracting Company, and as President and General Manager of Diamond Excavating and Hauling Inc.


Willson, Senior District Judge.


The opinion of the court was delivered by: WILLSON

WILLSON, Senior District Judge.

 1. This matter is before the Court upon a Petition and Rule To Show Cause why defendant William Fiore, Individually and d/b/a Fiore Trucking and Contracting Company, and as President and General Manager of Diamond Excavating and Hauling Inc., should not be adjudged in civil and criminal contempt, filed by Richard L. Thornburgh, United States Attorney for the Western District of Pennsylvania and Peter Nash, Solicitor, United States Department of Labor.

 2. On March 10, 1959, defendant herein was enjoined by this Court from violating the provisions of Sections 7 and 11 of the Fair Labor Standards Act (52 Stat. 1060, as amended), requiring the payment of proper overtime compensation to employees employed in excess of forty hours in a work week, and further required that appropriate records of wages, hours and other terms and conditions of employment be kept.

 3. On April 19, 1962, this Court found the defendant herein in civil contempt of its aforementioned 1959 order and ordered the defendant to pay $1,859.50 in back wages to fifteen then present or former employees; and further, the Court ordered the terms of the 1959 order to be continued and broadened its scope by enjoining the defendant from violating the minimum wage provisions of the Fair Labor Standards Act (29 U.S.C. § 206).

 4. On April 29, 1965, this defendant was again brought before this Court and after hearing was adjudged guilty of civil and criminal contempt of this Court's aforementioned orders, was ordered to pay $15,000.00 in back wages, a $1,000.00 compensatory fine and a $1,000.00 punitive fine, and was further ordered to pay all court costs.

 5. A full hearing was held on the instant matter on January 27, 28 and 31, 1972.

 6. Defendant has continued to operate under various names and designations as aforesaid.

 7. Defendant has engaged in trucking, hauling and providing in-plant services for various producers of goods for interstate commerce, including but not limited to the United States Steel Corporation Edgar Thompson and Clairton Works and the Jones & Laughlin Steel Company Marineway Yards.

 8. The defendant's gross annual volume of business since 1968 has been in excess of $500,000.00, and defendant employs two or more employees engaged in commerce or in the production of goods for commerce.

 9. For a period commencing on or about September 1, 1968 and continuing through October 1, 1970, defendant wilfully failed to pay his employees for all hours worked in performing truck driving duties between his central garage and the various work sites employees were assigned to, and further, defendant wilfully failed to compensate his employees for hours worked in returning the trucks to the garage from the work sites.

 10. For a period commencing on or about September 1, 1968 and continuing through October 1, 1970, defendant wilfully failed to compensate his employees for all hours worked by virtue of the fact that defendant regularly, recurrently and arbitrarily cut back the number of hours employees submitted at the end of each work week.

 11. For a period commencing on or about September 1, 1968 and continuing through October 1, 1970, defendant wilfully, regularly and recurrently failed to pay his employees for an average of twelve hours in each work week.

 12. The Court credits the testimony of United States Labor Department Comptroller Harold D. McFeely who testified that based on his computations, defendant owes $31,364.57 to seventy-nine of his present and former employees, ...


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