Emerson v. Mary Lincoln Candies, Inc.

Harry L. Taylor, Off. Ref.

I have already held that plaintiff was an employee within the contemplation of the “ Federal Fair Labor Standards Act of 1938.” Prior to January 1, 1937, plaintiff had worked for defendant under a contract calling for twenty-five dollars per week and extra payment for overtime worked above forty-four hours per week. A new contract was entered into January 1, 1937, whereunder plaintiff was to receive forty-four dollars per week from October first to April first and forty dollars per week from April first to October first. Plaintiff was also to have a bonus for saving…