Walling v. General Industries Co.

WILKIN, District Judge.

The complaint sought an injunction to restrain defendant from violating Section 15(a) (1), 15(a) (2), and 15(a) (5) of the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 215(a) (1, 2, 5). The amended answer admitted jurisdictional facts and said that the operations of the defendant had at all 'times complied with the provisions of said Act. The case was presented upon the evidence, arguments, and briefs.

The primary issue is whether the four employees involved in this action are exempt from the overtime provisions of Section 7 of the Act by virtue of Section 13(a) (1),…