Kelly v. Ford, Bacon & Davis, Inc.

KIRKPATRICK, District Judge.

This is a suit brought under the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., to recover overtime pay together with the statutory penalty and attorneys’ fees. The defendant-employer was engaged in building a factory for.the manufacture of airplane engines, at Pottstown, Pennsylvania, and the plaintiff’s employment had to do entirely with extra work orders for the construction project. He was hired at the plant site and did all of his work there, but contends that the character of his work was such that the Fair Labor Standards Act applied to him.

1. The…