Robertson v. Dailey Electric Supply Co.

OPINION

WILLIAM M. TAYLOR, Jr., Chief Judge.

Plaintiff James M. Robertson sued his employer Lucius L. Dailey, doing business as Dailey Electric Supply Co., under the Fair Labor Standards Act of 1938, as amended, 1 for back wages and overtime pay in the amount of $1,444 and an additional equal sum as liquidated damages. Dailey’s defense, simply stated, is that he is not covered by the statute. I agree, for reasons detailed below, and Robertson is entitled to nothing.

The pleadings and the evidence presented during a trial before the Court show that during the time in question 2 Robertson was the…