W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Durham Sandwich Company, Inc., and Austin R. Pendergraft

SOBELOFF, Circuit Judge:

The District Court found that Carl Davis was “regularly and recurrently engaged in interstate commerce” 1 within the meaning of the Fair Labor Standards Act and ordered Durham Sandwich Co., his employer, to pay him overtime wages unlawfully withheld in the amount of $1,209.90. 2 The employer’s appeal advances the argument that Davis was not “engaged in commerce.” 3 After thoroughly reviewing the District Court’s findings of fact and conclusions of law, we affirm.

Durham Sandwich Company, Inc., is a North Carolina corporation engaged in the manufacture and sale of…