John W. Childress, Jr. v. Earl Whitley Enterprises, Inc., and Earl Whitley, Individually and as President of Earl Whitley Enterprises, Inc.

WINTER, Circuit Judge:

In a suit to enforce payment of overtime compensation as required by the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., the district court granted a motion to dismiss, on the theory that the Act did not cover plaintiff’s alleged activities. A motion to reconsider the dismissal was denied. We reverse and remand the case for further proceedings.

In his complaint, 1 plaintiff described himself as a laborer employed by the corporate defendant, a Virginia corporation engaged in the construction business, during the period April 9, 1964 to August 27, 1964. The individual…