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DONOVAN v. WHITE BEAUTY VIEW

December 10, 1982

Raymond J. Donovan, Secretary of Labor, United States Department of Labor, Petitioner
v.
White Beauty View, Inc., a Corporation, and Leroy B. Guccini, Individually and as President of Respondent Corporation, Respondents



The opinion of the court was delivered by: NEALON

NEALON, Chief Judge.

 In this action under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seq., the Secretary of Labor seeks to have respondents, White Beauty View, Inc., and Leroy B. Guccini, Corporate Secretary-Treasurer, adjudicated to be in contempt for violating the provisions of a Consent Decree entered by this court on March 9, 1981. Specifically, the Secretary seeks to recover $5,442.24 in back wages due certain employees for failure to pay overtime from March 1981 through December 1981, a similar amount of liquidated damages for willful violation of the Act and all other costs incurred in this action. A hearing was held October 12, 1982, and evidence received from which the court makes the following

 Findings of Fact

 1. Jurisdiction of this action is conferred upon the Court by Section 17 of the Act.

 2. Respondent, White Beauty View, Inc., has at all times relevant hereto, maintained an office and a place of business located at White Beauty View Resort, R.D. 1, Greentown, Pennsylvania 18426, within the jurisdiction of this court, where it is engaged in the operation of a year-round resort facility in the Pocono Mountains, including a motel, restaurant and related facilities.

 3. Respondent, Leroy B. Guccini, is and at all times hereinafter mentioned was, the Secretary of the aforesaid White Beauty View, Inc., and is the person responsible for the employment practices and policies of the said corporation and is an employer within the meaning of Section 3(d) of the Act.

 4. The business activities of the respondents, as described herein, are related and performed through unified operation of common control for a common business purpose and constitute an enterprise within the meaning of Section 3(d) of the Act.

 5. At all times hereinafter mentioned, respondents have employed and are employing employees in and about their places of business in the activities of said enterprise engaged in commerce or in the production of goods for commerce, including employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce. Said enterprise, at all times hereinafter mentioned, has had an annual gross volume of sales made or business done in an amount not less than $362,500.00. Therefore, the said employees are employed in an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Section 3(s) (1) of the Act, and/or Section 3(s) (2) of the Act as amended, 91 Stat. 1251 Public Law 95-151, November 1, 1977.

 6. On March 31, 1980, pursuant to the authority vested in him by Section 17 of the Act, the Secretary of Labor, United States Department of Labor, instituted an action to restrain the said respondents, their officers, agents, servants, employees and those persons in active concert or participation with them, from violating the provisions of Sections 7, 11(c), 15(a) (2) and 15(a) (5) of the Act.

 7. On March 9, 1981, this court entered a final Judgment, consented to by the respondents, permanently enjoining and restraining the respondents, their officers, agents, servants, employees and all persons acting or claiming to act in their behalf and interest, from violating the provisions of Section 7, 11(c), 15(a) (2) and 15(a) (5) of the Act.

 8. Respondent, White Beauty View, Inc., had full knowledge of the existence of this Judgment and of the contents and terms by virtue of the fact that Leroy B. Guccini, Secretary of said Corporate respondent, executed and signed the consent to the entry of the Judgment on behalf of said corporation as Secretary thereof.

 9. Respondent, Leroy B. Guccini, has full knowledge of the existence of the Judgment and its contents and terms by virtue of the fact that he executed and signed the consent to the entry of this Judgment, individually and as Secretary of the corporate respondent.

 10. Respondents satisfied the backwage portion of the March 9, 1981 Order of this court, by restoring backwages to their employees in the gross amount of $8,000.00.

 11. However, commencing in April 1980, Mrs. Jean Christman, Bookkeeper in the respondents' Lakeview Dining Room, pursuant to instructions from her predecessor, Kathy Lee Lawson, began to accumulate overtime hours for each employee in a separate record book but would not include such overtime hours in the official ...


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