Siomkin v. Fairchild Camera & Instrument Corp.

L. HAND, Circuit Judge.

The plaintiff, who represents employees of the defendant, appeals from a judgment dismissing his complaint for failure to state a claim upon which relief can be granted, in an action to recover damages under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. The only question is whether the employees were entitled to added overtime upon payments made to them during the years 1940-45, both inclusive, under an “Employee Participa*290tion Plan,” which went into effect on January first, 1940, and a copy of which we annex in the margin.1 The plaintiff asserts that…