Graves v. Armstrong Creamery Co.

The opinion of the court was delivered by

Hoch, J.:

This appeal relates to overtime pay due an employee under the federal fair labor standards act of 1938 (often called the “wages and hours act”), hereinafter referred to as the act. The employer agrees that overtime pay was due the employee. The only issue is the method of computing it. The employee had a fixed monthly salary or wage covering no fixed or agreed number of hours of work, and the number of hours he worked fluctuated from week to week.

Appellant, the Armstrong Creamery Company, manufactures butter and perhaps other products.…