Fox v. Sun Oil Co.

DAWKINS, Chief Judge.

Plaintiff’s claim is for over-time under the Fair Labor Standards Act, 29 U.S.C. A. § 201 et seq., as an employee of defendant, amounting to 1023% hours during the period January 1, 1950 to' and including June 30, 1951. The defenses are, first, that the work performed was such that plaintiff was exempt from the statute, and second, in the alternative, that he was paid for all over-time that was due him. Thg answer further sets forth that all of his duties were substantially as stated in Article 3 cxf his complaint, to wit :

“Plaintiff, between the dates of January 1, 1950…