We would not have thought this issue worthy of serious discussion but for the fact that the Fifth and Sixth Circuits have considered the question and have come to different conclusions. The better reasoned opinion is the Fifth Circuit's decision in Wirtz v. Ocala Gas Co., 336 F.2d 236 (1964). The court in Ocala Gas held that the limitation provision of section 255(a) does not apply to civil contempt proceedings for violations of FLSA injunctions.

We will not overturn or modify an injunction in such suits without a showing of clear abuse of that discretion. In determining the existence vel non of an abuse of discretion it is necessary to examine policies underlying the FLSA and the purposes served by injunctions in suits under the FLSA. Wirtz v. Ocala Gas Co., 5 Cir. 1964, 336 F.2d 236, 240. See Goldberg v. Cockrell, 5 Cir. 1962, 303 F.2d 811, 814, where we considered the role of the injunction in the context of the FLSA:

Decrees of such generality are often necessary to prevent further violations." Wirtz v. Ocala Gas Co., 336 F.2d 236, 240 (5th Cir. 1964) (citing McComb, 336 U.S. at 191 (internal citation and footnote omitted). In Gulf King Shrimp Co. v. Wirtz, 407 F.2d 508 (5th Cir. 1969), the court upheld an FLSA injunction that closely tracked certain statutory language, finding that

We reject the defendant's argument that the statute of limitation found in Section 255 bars the Secretary's petition seeking enforcement of the judgment entered in 1977. Two of the three courts of appeals that have addressed the issue have held that section 255 does not bar a contempt proceeding brought after three years to enforce a judgment, Donovan v. Sureway Cleaners, 656 F.2d 1368 (9th Cir. 1981); Wirtz v. Ocala Gas Co., 336 F.2d 236 (5th Cir. 1964); but see Wirtz v. Chase, 400 F.2d 665 (6th Cir. 1968). We agree with the Fifth and Ninth Circuits that the statute of limitations in section 255 does not apply to actions seeking to enforce judgments obtained under the act.

The reaction of some courts was to hold that such a back pay award for contempt purging purposes was not subject to the limitations provisions of the Portal-to-Portal Act, at all, and could relate to the entire period from the date of the original injunction. Tobin v. Frost-Arnett Co., 34 Lab.Cas. 95, 780 (W.D.Tenn. 1958), aff'd per curiam, 264 F.2d 246 (6th Cir. 1959); Wirtz v. Ocala Gas Co., 336 F.2d 236, 243 (5th Cir. 1964).

In Hodgson v. Approved Personnel Service, Inc., 529 F.2d 760, 764 (4th Cir. 1975), the court held that the district court should have granted a broad injunction against the employment agency in light of the 20 to 30 violations found and the breaking of the agency's repeated informal promises to comply with the Act. The case of Wirtz v. Ocala Gas Company, 336 F.2d 236 (5th Cir. 1964), is simply not in point. Ocala Gas involved interpretation of a broad decree to which the company's president consented. It was held that the injunction applied to the operations of the corporation succeeding from the merger of Ocala Gas with another company controlled by Ocala Gas's president and his family.

The purpose of § 217 is to correct a continuing offense against the public interest by assuring effective and uniform compliance with and adherence to the public policy relating to wage standards set forth in the FLSA. See e.g. Wirtz v. Atlas Roofing Mfg. Co., 377 F.2d 112 (5th Cir. 1967); Wirtz v. Jones, supra; Wirtz v. Ocala Gas Co., 336 F.2d 236 (5th Cir. 1964). The enforcement of a monetary award as an incident to injunctive relief in actions under § 217 is simply a part of the reasonable and effective means of bringing about compliance with the FLSA.

Walker v. City of Birmingham, 1967, 388 U.S. 307, 316-21, 87 S.Ct. 1824, 1830, 18 L.Ed.2d 1210. See Regal Knitwear Co. v. NLRB, 1945, 324 U.S. 9, 15, 65 S.Ct. 478, 89 L.Ed. 661; New Jersey v. City of New York, 1935, 296 U.S. 259, 56 S.Ct. 188, 80 L.Ed. 214; Wirtz v. Ocala Gas Co., 5 Cir. 1964, 336 F.2d 236, 240; Flavor Corp. of Amer. v. Kemin Indus. Inc., 8 Cir. 1974, 503 F.2d 729, 732; Developments in the Law — Injunctions, 78 Harv.L.Rev. 994, 1084 (1965). Next, Partin contends that the government's complaint fails to conform to the requirements of F.R.Crim.P. 42(b).

When confronted by a situation such as this courts should not be loathe to issue injunctions of general applicability. See Wirtz v. Ocala Gas Company, 336 F.2d 236 (CA5, 1964). The aim of such an injunction is remedial, not punitive. McComb v. Jacksonville Paper Company, 336 U.S. 187, 69 S.Ct. 497, 93 L.Ed. 599 (1949).

Nevertheless, its pronouncements with regard to the enforcement of national labor policy are applicable since the filing of a civil contempt petition is not the institution of an independent proceeding but is part of the original cause. Wirtz v. Ocala Gas Co., 5 Cir. 1964, 336 F.2d 236, 242; see McComb v. Jacksonville Paper Co., 1949, 336 U.S. 187, 192, 69 S.Ct. 497, 93 L.Ed. 599. That a civil contempt proceeding is a proper means for ensuring compliance with, and effecting the policies of, the Fair Labor Standards Act seems indisputable.