John Robert Gibson

“ Holub is exempt from the maximum hour provisions of the Act be-cause he is a "mechanic primarily engaged in selling or servicing automobiles." We reverse the trial court's finding that Judith Holman's discharge was nondiscriminatory and its denial of prejudgment interest.
I. Discriminatory Discharge. The Act [2] prohibits discrimination against an employee who asserts or threatens to assert his or her FLSA rights. The Secretary charged Maxey's with having discriminatorily discharged Holman, an office worker, on July 28, 1972, because of her assertion of rights under the Act. ”

“ Her reasonable belief was caused entirely by Maxey's conduct, and her lawful assertion of rights based on that belief must be protected. To hold otherwise would defeat the Act's purpose in § 215 (a) (3) of preventing employees' attempts to secure their rights under the Act from taking on the character of "a calculated risk." Mitchell v. Robert DeMario Jewelry, Inc., 361 U.S. 288, 293, 4 L. Ed. 2d 323, 80 S.C.t. 332 (1960) .
Three witnesses to the July 28 incident, McBride, Holman, and Mr. Rupiper, the company bookkeeper, testified as to the facts surrounding Holman's discharge. ”

“ It shall be unlawful for any person-- * * (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee [.] ↑ At the time of Holman's discharge McBride owned 100% of the stock of Maxey's Yamaha, Inc. ”