(DOWNLOAD) "Mitchell v. Hausman" by Fifth Circuit United States Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mitchell v. Hausman
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 23, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
JONES, C.J.: The appellee, Joseph Hausman, is in the business of slaughtering livestock at Alice, Texas. Slaughtering is done for farmers, butchers and others, for which Hausman receives the hide and other inedible portions of the animals as his compensation. He also slaughters for his brother, Sam Hausman, and for this he receives an agreed sum per head. The appellee and his brother sell their hides to the same purchaser who takes delivery at the appellees place of business, and over ninety per cent of the hides are shipped outside the State of Texas. In 1953, an investigator from the United States Department of Labor called upon Hausman and told him that the hides were being shipped out of the state and, this being so, he was subject to the wage and hour provisions of the Fair Labor Standards Act, 29 U.S.C.A. §Â§ 206-207. The investigator also found among Hausmans employees a fifteen-year-old boy. The investigator told Hausman that this employment was a violation of the child labor provisions of the Act, 29 U.S.C.A. § 212, and the pertinent regulations, 29 C.F.R. 1958 Supp. 61. Hausman discharged the boy, paid some back wages and, for a time, complied with the Act. Later, however, he rehired the boy because, he said, the boy had a widowed mother. In January of 1956 another investigation was made and it was found that Hausman was not in compliance with the wage and hour provisions. Hausman claimed that he didnt ship anything out of the state and was not covered by the Act. By June 1956 Hausman was meeting the requirements except as to two of his five or six employees. On June 28, 1956, the Secretary of Labor commenced a suit to enjoin the appellee from violating the Act. At that time Hausman was not in full compliance. The case was tried on July 15, 1957, and the court found that Hausman had been in compliance with the Act for more than a year. The court found that while Hausman did not actually know or concern himself with the ultimate destination of the hides, the circumstances would justify the conclusion that he had reason to believe that they would be shipped out of the state.
 "Mitchell v. Hausman" by Fifth Circuit United States Court Of Appeals ~ eBook PDF Kindle ePub Free){kind=link}