Charles Evans Whittaker

“ The only possible basis or theory under which a wrongfully discharged employee might recover his lost wages is that the attempted discharge, being unlawful, never became effective, and since he was unlawfully excluded from his job his wages continued to accrue. It would seem necessarily to follow that an award for those lost 'wages' would be as much one for 'unpaid minimum wages or unpaid overtime compensation' as would an award for 'wages' for services actually performed. ”

“ The question before us, then, is whether a District Court has jurisdiction in an injunction action brought by the Secretary of Labor under § 17 of the Act to make an award of reparations against an employer in favor of an employee, found to have been wrongfully discharged and entitled to reinstatement, for the 'wages' that he lost by being wrongfully excluded from his job. ”

“ In the Scerbo case the court said: 'Defendants attempt to distinguish the O'Grady case because the individual employee's right to sue for back pay lost by a discriminatory discharge is not explicit in the Act. ”