Wirtz v. Day

WARLICK, District Judge.

This action is one instituted by W. Willard Wirtz, Secretary of Labor, of the United States Department of Labor, under the provisions of § 16(c) of the Fair Labor Standards Act of 1938, together with the amendments thereto, 29 U.S.C. § 201 et seq., to recover from defendant, C. T. Day, Sr., unpaid minimum wage and overtime compensation for one of his employees, Robert B. Clark. The case was tried by the court without a jury.

In the complaint plaintiff alleged that Robert B. Clark was employed on December 10, 1961 to and through December 10, 1963, in and about the…