Gilbert v. Old Ben Coal Corp.

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

Plaintiffs, Jack Gilbert and Bill Wade, appeal from a judgment of the trial court for defendant, Old Ben Coal Corp., following a bench trial of their complaint in which they alleged violations of the maximum hour and overtime pay provisions of the Fair Labor Standards Act of 1938 as amended (hereinafter referred to as the Act) (29 U.S.C. §201 et seq. (1976)). Pursuant to section 207 1 of the Act, they each sought unpaid overtime compensation, earned in the capacity of “resident mining engineer,” as well as liquidated damages in an…