Opinion

Donaldson v. United States Department of Labor

  • 930 F.2d 339
  • 1991 WL 44920
Court
Court of Appeals for the Fourth Circuit
Filed
Apr 3, 1991
Status
Published
Author
Widener
On the bench
Carolina, McMillan, Phillips, Western, Widener
Cited by
8 cases

AWPA violation properly alleged based on failure to pay wages due under Wagner-Peyser Act

How later courts described this case

  • AWPA violation properly alleged based on failure to pay wages due under Wagner-Peyser Act
  • “No principle of statutory construction prevents a private right of action conferred by one statutory regime from drawing substance from provisions of another regime which does not provide such a right of action.”
  • employer's reliance on agency's erroneous legal ruling is a defense

Written by the judges who cited it.

The opinion

WIDENER, Circuit Judge,

dissenting:

I respectfully dissent because I do not agree with the majority’s conclusion that “the district court erred in its factual premise that the DOL had approved in advance the challenged wage payments offered and then made by the growers_” Op. at 341. The majority opinion continues that on that account the district court “necessarily erred in holding that the growers’ reasonable reliance on that approval barred any recovery by the workers.” Op. at 341.

I think that the district court’s factual premise that the DOL had approved in advance the challenged wage payments is not clearly erroneous, thus I do not believe that it erred in holding that the growers’ reasonable reliance on that approval barred any recovery by the workers.

I would affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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