Legal Opinion
De Rose v. Eastern Plastics, Inc.
District Court, W.D. Pennsylvania
Decided August 3, 1955No. Civ. A. No. 10556PublishedCited by 6 opinions
1Opinion of the Court
JOHN L. MILLER, District Judge.
This is a motion for new trial in an action brought for the recovery of overtime compensation under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq. Plaintiff recovered a verdict and judgment in the amount of $3,000, which was substantially less than the amount claimed by plaintiff in his testimony. The jury found, contrary to defendant’s contention, that plaintiff was not employed in a bona fide executive capacity.
As to the alleged overtime worked, the plaintiff’s evidence was that his hours invariably ran from 8:00 A.M. to 6, 7 or 8:00 o’clock in the…
2Cases cited24 opinions
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Jax Beer Co. v. RedfernCourt of Appeals for the Fifth Circuit · 1941
- Commissioner of Internal Revenue v. Celanese Corp.Court of Appeals for the D.C. Circuit · 1944
- Foremost Dairies, Inc. v. Ivey Ivey v. Foremost Dairies, IncCourt of Appeals for the Fifth Circuit · 1953
- Handler v. ThrasherCourt of Appeals for the Tenth Circuit · 1951
19 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Retail Store Employees Union, Local 400 v. Drug Fair-Community Drug Co.District Court, District of Columbia · 1969
- Nardone v. General Motors, Inc.District Court, D. New Jersey · 1962
- Acosta v. Revolutionary Home Health, Inc.District Court, M.D. Pennsylvania · 2020
- Bryan Lustig, on behalf of himself and all others similarly situated v. Daniel Markus, Inc. (D/B/A Perfect Pawn), Daniel Risis, Margarita Risis and Oleg NiezvestnyDistrict Court, D. New Jersey · 2025
- Hall, Phillip JasonCourt of Criminal Appeals of Texas · 2009
1 more not listed; retrieve them via the Exa API.