Kornicks v. Lindy's Supermarket

Plaintiff Max Kornicks commenced this action under the Fair Labor Standards Act, § 1, 52 Stat 1060 (1938), 29 USCA § 201, to recover additional compensation from defendant Lindy’s Supermarket for overtime work performed during a three-year period from 1962 to 1965. Following the close of plaintiff’s proofs, defendant moved for a directed verdict. The motion was granted and defendant appeals.

The act provides minimum wages for employees “engaged in commerce” 1 and for employees employed in an “enterprise engaged in commerce or in the production of goods for commerce.” 2 The terms “commerce,”…