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UNITED STATES v. B. & W. SPORTSWEAR

December 30, 1943

UNITED STATES
v.
B. & W. SPORTSWEAR, Inc., et al.



The opinion of the court was delivered by: ABRUZZO

ABRUZZO, District Judge.

The Administrator of the Wage and Hour Division, United States Department of Labor, made an application for an order to show cause, returnable July 26, 1943, why the defendants should not be found guilty of criminal contempt of court by reason of their failure to comply with a decree and judgment of this court, dated April 15, 1942.

The preliminary steps leading up to the obtaining of this order to show cause can be summarized as follows:

 On April 15, 1942, a decree and judgment was entered against B. & W. Sportswear, Inc., and Benjamin Weintraub, Samuel B. Weintraub and Benjamin Bleifeld, individually, the terms of which provided that there had been a violation of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. This decree was entered pursuant to stipulation, dated March 14, 1942. Benjamin Weintraub and Benjamin Bleifeld appeared personally in open court at a hearing in the said action, on April 10, 1942, and at that time the defendants were interrogated as to whether they understood the nature of the proceedings which resulted in the stipulations of March 14, 1942. They averred that they were cognizant of the nature of the proceedings and were aware that disobedience of the provisions in a decree and judgment about to be entered might subject them to a term of imprisonment.

 The decree enjoined and restrained the respondents as follows:

 (1) From paying any of their employees wages at rates less than the forty (40) cent minimum prescribed by any applicable wage order issued by the Administrator of the Wage and Hour Division of the United States Department of Labor.

 (2) From employing any of their employees for a workweek longer than forty (40) hours unless such employee received compensation for his employment in excess of forty (40) hours in such workweek at a rate not less than one and one-half times his regular rate of pay;

 (3) From transporting or selling in commerce any goods in the production of which any employee was employed at wages less than forty (40) cents an hour;

 (4) From transporting or selling in commerce any goods in the production of which any employee was employed for more than forty (40) hours per week unless such employee received compensation for his employment for hours over forty (40) in such workweek at a rate not less than one and one-half times his regular rate of pay;

 (5) From transporting or selling with knowledge that shipment or sale in commerce is intended any goods produced by employees receiving less than forty (40) cents an hour.

 (6) From transporting or selling with knowledge that shipment or slae in commerce is intended any goods produced by employees who worked more than forty (40) hours a week and received compensation for such excess hours at a rate less than one and one-half times his regular rate of pay;

 (7) From failing to make, keep and preserve records of persons employed and of the wages, hours and other conditions and practices of employment maintained by them as prescribed by regulations of the Administrator, and

 (8) From making any entries which are inaccurate or do not comply with the requirements and regulations under the Act.

 Upon the return of this order to show cause, the defendants filed an answer and later the cause came on to ...


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