Mitchell v. Emala & Associates, Inc.

R. DORSEY WATKINS, District Judge.

This is a suit brought by the Secretary of Labor under the provisions of the Fair Labor Standards Act (section 216(c) of Title 29 U.S.C.A.) to recover, on behalf of one former employee of the defendant, unpaid overtime compensation alleged in the complaint to be due for each work week during the period from October 22, 1956 to February 26, 1957, in the amount of $107.89 1

The facts are not in dispute. The defendant is a general contractor engaged mainly in the sale of sod, top-soil, and fill dirt. The contract of sale herein involved provided that the…