Samuels v. Houston

LOVETT, District Judge.

This is an employee’s suit under sections ■ 6 and 7 of the Fair Labor Standards Act of 1938 1 to recover the difference between the amounts paid and required, and for time and a half for overtime, with penalties, as prescribed by the Act. Jury trial is waived by the parties.

There is no issue as to the hours worked. 2 The defenses are, first, that neither the employee nor the employer for the time in question were engaged in commerce as defined by the Act, and, secondly, that the employer had a retail establishment the greater part of whose selling was in intrastate…