Wirtz v. Southern Pickery, Inc.

OPINION

ROBERT M. McRAE, Jr., District Judge.

In this case the Secretary of Labor, as plaintiff, seeks to enjoin the corporate defendant, The Southern Pickery, Inc., from violation of the overtime requirements of the Fair Labor Standards Act of 1938, as amended.

The defendant asserts that it is exempt from the overtime provisions of the Act because its business activity qualifies it for an exemption granted to cotton ginners.

The Fair Labor Standards Act as originally enacted and certain amendments thereto have incorporated variously worded exemptions pertaining to cotton ginning. This lawsuit…