11. As a result of the violations of Section 7 of the Act, underpayments of overtime compensation are due the employees listed in attached Schedule A in the amounts shown thereon. This will also include the amount of $7,667.00 set forth in Schedule A as due to unknown employees.
12. Based on the Findings of Fact and Conclusions of Law contained herein, plaintiff is entitled to injunctive relief enjoining violations of Sections 7 and 15(a) (2), Sections 11(c) and 15(a) (5), Sections 12(c) and 15(a) (4), and enjoining the continued withholding of overtime underpayments due and owing defendant's employees.
13. Plaintiff is entitled to interest at 6 percent per annum on the amounts of back wages found due in the abovementioned Schedule from the median dates of withholding from each person until payment is made.
An appropriate order will be entered.
Order of Court
And now, to-wit, this 21st day of November, 1973, after a non-jury trial which lasted two days and after due consideration of the arguments, briefs and supplemental briefs submitted by counsel and for the reasons contained herein, It Is Ordered, Adjudged and Decreed that the defendant, Robert N. Parnham, individually and doing business as Bob's Auto Repair, is hereby permanently enjoined and restrained from violating the provisions of Sections 7 and 15(a) (2), Sections 11(c) and 15(a) (2), Sections 12(c) and 15(a) (4) of the Fair Labor Standards Act of 1938, as amended, in any of the following manners:
Defendant shall not fail to make, keep and preserve records of its employees and of the wages, hours or other conditions and practices of employment maintained by it, as prescribed by the Regulations of the Administrator issued, and from time to time amended, pursuant to Section 11(c) of the Act and found in Title 29, Chapter V, Code of Federal Regulations, Part 516.
The defendant shall not contrary to Section 7 of the Act employ any person for a workweek longer than forty hours unless such employee receives a compensation for his employment in excess of forty hours at a rate not less than one and one-half times the regular rate at which he is employed.
The defendant shall not, contrary to Section 12(c) of the Act, employ any oppressive child labor (as defined in Section 3(1) of the Act) in interstate commerce or in the production of goods for interstate commerce.
It Is Further Ordered, Adjudged and Decreed that a judgment is entered against the defendant, Robert N. Parnham, individually and doing business as Bob's Auto Repair, for past violations of the Fair Labor Standards Act, in the amount of $44,931.24, with interest at the rate of six percent (6%) from the median date of the violations of the overtime provisions. Said judgment is in accordance with the following calculations of the Secretary.