Kelly v. Ballard

MEMORANDUM OF DECISION

SCHWARTZ, District Judge.

This is an action to recover unpaid minimum and overtime wages as provided in the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Jurisdiction is conferred by 28 U.S.C. § 1337 and 29 U.S.C. § 216(b). The parties have stipulated as to the material facts, and have submitted the case upon oral argument and briefs as to the questions of law involved. Thus, in effect, the case is now before the court for summary judgment.

The parties by written stipulation agreed upon the material facts as follows:

“This is an action by plaintiffs, DAVID M. KELLY,…