## Facts

- Funtime, Inc. owned and operated three amusement parks and employed many 14- and 15-year-old minors.
- During the 1989 and 1990 seasons, minors were regularly scheduled to work hours exceeding limits imposed by the Fair Labor Standards Act (FLSA) child-labor provisions.
- In 1985, the Department of Labor investigated one park, found child-labor violations, provided written findings to management, and assessed a civil money penalty.
- In 1990, a Department of Labor compliance officer investigated another park’s 1988–1989 seasons, verified minors’ ages using employer and school records, and determined that 135 minors had been employed in violation of the child-labor rules.
- The Secretary of Labor sued under the FLSA’s child-labor provisions, including 29 U.S.C. §§ 212 and 215(a)(4).
- After a bench trial, the district court found numerous violations, entered judgment for the Secretary, issued an injunction against future violations, and admitted government-prepared summaries of Funtime’s personnel records.

## Issues

1. Whether the district court abused its discretion by issuing an injunction to prevent future FLSA child-labor violations despite Funtime’s claimed remedial steps and assurances of compliance.
2. Whether the district court erred by admitting Department of Labor summaries of Funtime’s personnel records under Fed. R. Evid. 1006, and by treating the underlying personnel records as admissible business records under Fed. R. Evid. 803(6).

## Decision

- The Sixth Circuit affirmed the district court’s judgment.
- The district court did not abuse its discretion in issuing a permanent injunction restraining future FLSA child-labor violations.
- The district court properly admitted the summaries under Rule 1006.
- The underlying employment and personnel records qualified as business records under Rule 803(6), defeating hearsay objections to the records and supporting admission of the summaries.

## Legal Principles

- A district court may issue injunctive relief to prevent future FLSA violations when the employer’s past conduct shows a substantial pattern of noncompliance and a likelihood of recurrence; assurances of future compliance do not, standing alone, bar an injunction.
- Summaries of voluminous writings may be admitted under Fed. R. Evid. 1006 when the underlying records cannot conveniently be examined in court and are made available for inspection.
- Employment and personnel records kept in the regular course of business are admissible under the business-records exception, Fed. R. Evid. 803(6), and can serve as the foundation for Rule 1006 summaries.

## Conclusion

The Sixth Circuit upheld an injunction against an amusement-park operator based on repeated FLSA child-labor violations and affirmed evidentiary rulings admitting government-prepared summaries of voluminous personnel records where the underlying records qualified as business records and were available for inspection.


Martin v. Funtime, Inc., 963 F.2d 110 (6th Cir. 1992)