Smith v. H.B. Allsup & Sons, Inc.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

Plaintiff brought this action under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., for unpaid minimum wages and unpaid overtime compensation. The case is now before the court on the motion of defendant H.B. Allsup & Sons, Inc. for summary judgment. Plaintiff Clifford Smith has responded to the motion and the court has considered the memoranda of authorities submitted by the parties.

The premise of defendant’s motion is that plaintiff’s claim is, as a matter of law, barred by the applicable statute of limitations. The limitation…