Hofer v. Federal Cartridge Corporation

NORDBYE, District Judge.

The issue presented is: Are these plaintiffs exempt as professional employees within the meaning of Section 13(a) (1) of the Fair Labor Standards Act, 29 U.S. C.A. § 213(a) (1), which provides that the overtime provisions shall not apply to any employee who is employed in a “bona fide * * * professional * * * capacity?” The Administrator has defined a bona fide professional employee as one who is

“(A) Engaged in work—

“(1) Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work, and

“(2) Requiring the…