mitchell demario jewelry argued november decided january action secretary labor fair labor standards act amended restrain violations district jurisdiction order employer reimburse employees unlawfully discharged otherwise discriminated wages lost discharge discrimination pp jurisdiction conferred narrowly construed including powers expressly conferred necessarily implied language jurisdiction equitable includes power provide complete relief light statutory purpose pp proscription retaliatory acts set forth enforcement equity secretary congress sought foster climate compliance act enhanced act construed enabling employees resort statutory remedies obtain restitution partial deficiencies wages due past work risk irremediable loss entire pay unpredictable future period pp proviso added amendment disabled courts actions awarding unpaid minimum wages unpaid overtime compensation additional equal amount liquidated damages intended apply reimbursement lost wages incident wrongful discharge pp bessie margolin argued cause petitioner brief solicitor general rankin harold nystrom jacob karro lamar moore argued cause filed brief respondents justice harlan delivered opinion section fair labor standards act stat makes unlawful employer covered act discharge manner discriminate employee employee filed complaint instituted caused instituted proceeding related act cause shown restrain violations section provided shall jurisdiction action brought secretary labor restrain violations order payment employees unpaid minimum wages unpaid overtime compensation additional equal amount liquidated damages action facts found district dispute several employees respondent corporation sought aid secretary labor petitioner seeking recover wages allegedly unpaid violation act secretary instituted action pursuant statute stat behalf aggrieved employees recovery unpaid compensation commencement action respondents commenced course discriminatory conduct three complaining employees culminating discharge second action secretary pursuant discrimination found district caused respondents displeasure actions employees authorizing suit finding evidence unlawful discrimination clear convincing district granted injunction discrimination ordered reinstatement three discharged employees without loss seniority reimbursement loss wages expressly reserving question whether jurisdiction order reimbursement declined exercise discretion appeal appeals reach question abuse discretion held district lacked jurisdiction order reimbursement lost wages resulting unlawful discharge decision conflict appeals second circuit walling granted certiorari initially consider apart effect proviso added took touchstone decision principle upheld jurisdiction contested must expressly conferred act congress necessarily implied congressional enactment mistaken proper criterion laid porter warner dealt action brought price administrator emergency price control act enjoin collection excessive rents require landlord reimburse tenants moneys paid result past violations upheld implied power order reimbursement language greatest relevance thus administrator invoked jurisdiction district enjoin acts practices made illegal act enforce compliance act jurisdiction equitable one unless otherwise provided statute inherent equitable powers district available proper complete exercise jurisdiction since public interest involved proceeding nature equitable powers assume even broader flexible character private controversy stake may go beyond matters immediately underlying equitable jurisdiction give whatever relief may necessary circumstances moreover comprehensiveness equitable jurisdiction denied limited absence clear valid legislative command unless statute many words necessary inescapable inference restricts jurisdiction equity full scope jurisdiction recognized applied great principles equity securing complete justice yielded light inferences doubtful construction brown swann pet central aim act achieve industries within scope certain minimum labor standards see act stat provisions statute affect weekly wage dealings vast numbers business establishments employees weighty practical reasons congress seek secure compliance prescribed standards continuing detailed federal supervision inspection payrolls rather chose rely information complaints received employees seeking vindicate rights claimed denied plainly effective enforcement thus expected employees felt free approach officials grievances end prohibition discharges discriminatory practices designed serve needs argument show fear economic retaliation might often operate induce aggrieved employees quietly accept substandard conditions cf holden hardy proscription retaliatory acts set forth enforcement equity secretary pursuant congress sought foster climate compliance substantive provisions act enhanced context significance reimbursement lost wages becomes apparent employee considering attempt secure wage deserts act value effort may pale set prospect discharge total loss wages indeterminate period necessary seek obtain reinstatement resort statutory remedies might thus often take character calculated risk restitution partial deficiencies wages due past work perhaps obtainable cost irremediable entire loss pay unpredictable period faced alternatives employees understandably might decide matters best left read act presenting sought protect little hobson choice respondents argue absence contrary contractual provision employee recover lost wages owing discriminatory discharge jurisdiction invoked therefore regarded punitive outside function equity unless expressly authorized statute intimate view validity premise way supports conclusion whatever rights parties may traditional notions contract law clear discharge permissible even assuming without deciding act contemplate private vindication rights bestowed public remedy thereby rendered punitive measure reimbursement compensatory respondents heard assert wages ordered paid services performed employer unlawful conduct deprived employees opportunity render services contended however even though equitable jurisdiction restore lost wages resulting unlawful discharge may originally existed jurisdiction withdrawn proviso disabled courts actions awarding unpaid minimum wages unpaid overtime compensation additional equal amount liquidated damages ante considered background think proviso effect shortly enactment proviso appeals second circuit decided mccomb frank scerbo sons suit brought secretary enjoin violations minimum wage overtime provisions act power order reimbursement unpaid overtime wages effect decision enable secretary suit recover behalf employees otherwise recoverable action brought employees statute stat proviso aimed away result even congress see fit undo effects scerbo entirely time enacted proviso also added act whereby secretary empowered bring representative action behalf employees recover unpaid wages cases involving issue law settled finally courts stat thus presumably congress felt secretary lend weight burdened actions unpaid wages except clearest cases find indication language proviso legislative history congress intended proviso wider effect intended apply reimbursement lost wages incident wrongful discharge distinguished recoupment underpayments statutorily prescribed rates still employed proviso speaks entirely terms unpaid minimum wages overtime effectuating policies act proper reach equity power suits secretary wage provisions statute suits discharge provisions attended quite different considerations passing amendments congress evidently mind persuaded respondents argument second circuit scerbo partially relied earlier decision walling supra house conference report amendments stated proviso effect reversing decisions mccomb scerbo included restitution order injunction decree granted section conf proviso must taken intended overrule case well discriminatory discharge case wage case scerbo amendments expressions lower courts indicated point view similar espoused scerbo see fleming alderman supp walling miller fleming warshawsky rather expressing general repudiation equitable jurisdiction order reimbursement effectuate policies act think amendments evidence purpose make limited modifications nature extent secretary power obtain reimbursement unpaid compensation warrant construing proviso reaching beyond suits enjoin violations minimum wage overtime provisions statute wholly eradicate jurisdiction restore wage losses employees discharged violation contrary view related character issues presented scerbo modification area treated latter case bespeaks intention leave decision intact amendments serve confirm result reach independently hold action secretary restrain violations district jurisdiction order employer reimburse employees unlawfully discharged otherwise discriminated wages lost discharge discrimination appeals reach question whether district abused discretion declining order reimbursement found statutory purposes doubtless little room exercise discretion order reimbursement since entire record us shall remand case appeals consideration issue reversed remanded footnotes opinion district reported wh cases cf bonner elizabeth arden powell washington post app limitation right seek double damages recoverable actions brought employees conference report makes clear proviso inserted view provision conference agreement contained section act authorizes administrator certain cases bring suits damages unpaid minimum wages overtime compensation owing employees written request employees conference agreement proviso preclude administrator joining single complaint causes action arising section section conf see cong rec justice whittaker justice black justice clark join dissenting agree opinion disagreement rests belief congress expressly withheld jurisdiction district courts make awards employers favor employees wages lost result unlawful discharges injunction actions brought secretary labor fair labor standards act stat amended several employees corporate respondent believing paid minimum wages overtime compensation prescribed act requested secretary labor writing institute action corporate respondent act recover amount claims secretary november soon afterward three employees discharged may secretary brought another suit respondents district time act complaining respondents discharged three employees violation act praying order enjoining respondents violating provisions section reinstating three employees awarding reparations wages lost wrongful discharge district found employees discharged violation instigating first action issued injunction respondents violating section ordered respondents offer reinstatement employees district judge doubted jurisdiction award reparations employees lost wages held even jurisdiction award reparations denied matter discretion secretary appeal appeals affirmed holding district jurisdiction injunction action brought secretary award reparations wages lost employees wrongful discharge granted certiorari question us whether district jurisdiction injunction action brought secretary labor act make award reparations employer favor employee found wrongfully discharged entitled reinstatement wages lost wrongfully excluded job heavily relying upon long reach unrestricted general equity powers particularly elucidated porter warner holds district jurisdiction power doubted equity proceeding unrestricted general equity powers may decree relief including incidental legal relief necessary complete justice parties however district proceeding unrestricted general equity powers statute act proviso expressly denies courts jurisdiction power action brought secretary injunction section order payment employees unpaid minimum wages unpaid overtime compensation additional equal amount liquidated damages action dispute fact congress proviso deprived courts jurisdiction order payment employees unpaid minimum wages unpaid overtime compensation injunction action brought secretary section case wages earned services rendered seems think award reparations employee wages lost wrongful discharge one order ing payment employees unpaid minimum wages unpaid overtime compensation therefore deprived proviso jurisdiction make award case think lies fallacy possible basis theory wrongfully discharged employee might recover lost wages attempted discharge unlawful never became effective since unlawfully excluded job wages continued accrue seem necessarily follow award lost wages much one unpaid minimum wages unpaid overtime compensation award wages services actually performed may thought award lost wages properly called one damages result sole measure damages lost wages hence seems inescapable however viewed award wages lost unlawful discharge one least embraces unpaid minimum wages unpaid overtime compensation congress added subdivision proviso second circuit held walling district acting unrestricted general equity powers jurisdiction suit brought secretary act stood order injunction violation provisions act reinstatement employees wrongfully discharged also award reparations wages lost employees wrongful discharge thereafter following said principles announced case second circuit held mccomb frank scerbo sons district proceeding unrestricted general equity powers jurisdiction injunction action brought secretary stood award reparations employees unpaid minimum wages overtime compensation past services entitled evidently dissatisfied decisions congress passed act stat added subsection proviso act subsection congress provided effect employee files written request secretary claiming unpaid minimum wages unpaid overtime compensation act secretary may bring action competent jurisdiction recover amount claim action secretary course sues trustee use plaintiff benefit employee action one law triable jury seventh amendment constitution remedy congress provided recovery unpaid minimum wages overtime compensation suit instituted prosecuted secretary proviso congress provided shall jurisdiction action brought secretary labor restrain violations order payment employees unpaid minimum wages unpaid overtime compensation additional equal amount liquidated damages action conference report accompanied bill conf said respecting proviso provision effect reversing decisions mccomb scerbo included restitution order injunction decree granted section seems evident statement conference committee congress intended proviso effect reverse mccomb scerbo also decisions clear opinions second circuit applied legal principles scerbo earlier applied moreover said scerbo case said defendants attempt distinguish case individual employee right sue back pay lost discriminatory discharge explicit act agree case distinguishable separate opinion concurring result judge learned hand opening sentence agree decision followed decided thus seems quite clear terms proviso also legislative history declaring purpose congress intended deny jurisdiction district courts injunction actions brought secretary award reparations unpaid minimum wages overtime compensation also effect reverse decisions mccomb scerbo surely walling supra decision mccomb scerbo review seems plainly show congress intended allow recovery unpaid minimum wages overtime compensation instance secretary action law brought subsection triable jury intended proviso deny jurisdiction district courts injunction actions brought secretary section award reparations wages including unpaid minimum wages unpaid overtime compensation whether earned rendition services unlawful denial opportunity earn think wrongfully discharged employee may maintain right action law triable jury either common law secretary may action law recover wages lost employee result wrongful discharge reasons hereinbefore stated seems appeals correct holding district without jurisdiction make award reparations lost wages injunction action brought secretary affirm judgment porter warner supra involved emergency price control act stat authorized state federal courts upon complaint administrator grant permanent temporary injunction restraining order order enforce compliance act policy emphasis added administrator sued landlord enjoin collection excessive rents require landlord tender tenants excess rents collected district granted relief prayed approved action saying order recovery restitution illegal rents may considered proper order observed report senate committee submitted bill became emergency price control act stated act courts given jurisdiction issue whatever order enforce compliance proper circumstances particular case light provisions legislative history held traditional equity powers remain unimpaired proceeding section order restitution may made subdivision added act congress pertinent part provides written request filed employee secretary claiming unpaid minimum wages unpaid overtime compensation section section act secretary may bring action competent jurisdiction recover amount claim consent employee bringing action secretary unless action dismissed without prejudice motion secretary shall constitute waiver employee right action may subsection section unpaid minimum wages unpaid overtime compensation additional equal amount liquidated damages stat congress adopted proviso two decisions addition scerbo cases holding district jurisdiction injunction action brought secretary make award reparations unpaid wages namely fleming warshawsky cir fleming alderman supp neither cases employer contest jurisdiction district award reparations unpaid wages instead employer appeared district agreed entry consent decree awarding back pay employees largely agreements courts held jurisdiction enter consent decrees thus congress adopted proviso contested decisions point scerbo cases hence reference house conference report supra decisions mccomb scerbo seems necessarily intended include decision well mccomb scerbo really decision books separate concurring opinion one judges walling miller cir saying district jurisdiction stood prior adoption proviso make award unpaid wages express views