Emerson v. Mary Lincoln Candies, Inc.

The suit is to recover $2,456.74, being twice the amount which plaintiff claims is his overtime wages under the Federal “ Fair Labor Standards Act ” (U. S. Code, tit. 29, chap. 8, §§ 201-219), which act, in paragraph (b) of section 216, makes the employer who fails to pay the mandated overtime compensation liable for the amount thereof, plus an additional equal amount “ as liquidated damages,” plus an attorney’s fee. The answer, besides denials, contains six alleged separate defenses as against each of which plaintiff moves, asserting each is insufficient in law.

First defense is to the effect…