Damutz v. Wm. Pinchbeck, Inc.

SMITH, District Judge.

This is an action brought by one who was employed as a fireman in a commercial greenhouse for unpaid overtime compensation alleged to be due him under the Fair Labor Standards Act of 1938, Act of June 25, 1938, c. 676, 52 Stat. 1060, 29 U.S. C.A. § 201.ff. The plaintiff was concededly paid on a straight-time basis and worked hours in excess of the maxima established by the Fair Labor Standards Act so that if he is within the coverage of the Act he is entitled to judgment since the defendant’s *669business is, in substantial part, in (interstate) commerce.

Defendant relies…