Rothman v. Publicker Industries, Inc.

HASTIE, Circuit Judge.

The appellee, Rothman, an employee of the appellant, Publicker Industries, Inc., having been denied pay for certain overtime work, sued his employer under the Fair Labor Standards Act of 1938, as amended, 1 2 and recovered the claimed overtime compensation and, as the statute authorizes, an equal amount as liquidated damages.

The first question on this appeal is whether within the meaning and for the purposes of the Act Rothman was in the exempt category of persons “employed in a bona fide executive * * * capacity”. 2 This in turn, as the parties agree, is to be…