Legal Opinion

Stoike v. First National Bank

New York Court of Appeals

Decided April 15, 1943PublishedCited by 48 opinions

1Opinion of the CourtLewis, J.

The plaintiff-respondent has thus far been successful in the prosecution of a claim against his employer, the appellant bank, for overtime compensation which he asserts is due him under the maximum hours provision of the Fair Labor Standards Act. (52 Stat. 1060, ch. 676 [June 25, 1938]; U. S. Code, tit. 29, § 201 et seq.)

The case comes to us on an agreed statement of facts (Civ. Prac. Act, § 546) from which it appears that the plaintiff was employed by the defendant bank on November 29, 1937, as a night porter, his duties being to clean portions of the defendant’s twenty-one story building at…

2Cases cited10 opinions

  1. A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
  2. Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
  3. Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
  4. Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
  5. Overstreet v. North Shore Corp.Supreme Court of the United States · 1943

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3Cited by48 opinions

  1. Borden Co. v. BorellaSupreme Court of the United States · 1945
  2. Borella v. Borden Co.Court of Appeals for the Second Circuit · 1945
  3. Rucker v. First Nat. Bank of Miami, Okl.Court of Appeals for the Tenth Circuit · 1943
  4. James P. Mitchell, Secretary of Labor, United States Department of Labor v. Dooley Bros., Inc., Herbert Kletjian, D/B/A University Cleaning Co. v. James P. Mitchell, Secretary of Labor, United States Department of LaborCourt of Appeals for the First Circuit · 1960
  5. Joseph v. RayCourt of Appeals for the Tenth Circuit · 1943

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