Serio v. Dee Cigar & Candy Co.

BOULDIN, Justice.

Action by an employee against his employer to recover overtime compensation, liquidated damages, and attorney’s fees claimed to be due under the “Fair Labor Standards Act of 1938.” 52 Stat. 1060, 29 U.S.C.A. §§ 201 to 219.

These sections correspond with .sections 1 to 19 of the original act.

The real issue before us is: Was the plaintiff an employee “engaged in commerce or in the production of goods for commerce,” entitled to the benefits of the wages and hours provisions of sections 6 and 7? If so, he had a cause of action under section 16(b), upon proof of overtime…