Uhler v. Todd Houston Shipbuilding Corp.

CODY, Justice.

This action was instituted on February 28, 1946, by appellant, an employee of ap-pellee, to recover damages or penalty from appellee under the provisions of the Fair Labor Standards Act of 1938, 29 U.S.C.A. §§ 207-216(b), by reason of the failure of appellee to pay overtime compensation. This action was instituted, according to the allegations of the petition, more than two years after it accrued. Appellant relied below, and relies here, for recovery entirely upon the statutory liability imposed by the aforesaid Act of Congress.

Appellee duly pled and urged the two year statute…